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LIBRARY OF CONGRESS, 

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UNITED STATES OF AMERICA. 



INDIANA AND THE 
NATION 



CONTAINING 



THE CIVIL GOVERNMENT OF INDIANA; THE STATE CONSTITUTION; 
THE CONSTITUTION OF THE UNITED STATES; SUG- 
GESTIVE TOPICS AND QUESTIONS 



BY / 

CYRUS W. HODGIN 

PROFESSOR OF HISTORY AND POLITICAL ECONOMY, EARLHAM COLLEGE 




BOSTON, U.S.A. 

D. C. HEATH & CO., PUBLISHERS 

1893 



.HI 



COPYRIGHT BY 

CYRUS W. HODGIN, 

1893. 



£f)c aambcrsttg $rtss of (Cljtrago. 



PREFACE. 



As the necessity for intelligent citizenship becomes more 
and more apparent, the demand for instruction in civil 
government becomes more and more urgent. Under the 
stress of this urgency the subject has been placed in the 
course of study for all the best high schools of the entire 
country. The line has generally been drawn, however, at the 
civil government of the United States, and state and local 
governments have been neglected. This neglect has been 
largely due to the fact that suitable books have been wanting. 

To meet that want for the boys and girls of Indiana, this 
book has been prepared. By far the greater number of these 
boys and girls will never reach the high school. They are, 
nevertheless, citizens, and must participate in the state and 
local governments under which they live. This fact has been 
kept in mind in the preparation of the book, and the text and 
questions have been prepared with reference to their needs. 

Besides the work on the civil government of Indiana, the 
book contains the text of the United States Constitution, with 
an analytical outline of the same, to which is added a large 
number of interesting and suggestive questions. These features 
make it not only a convenient text book, but a handv little 
reference book on civil government for any school or home 
in the state. 

Earlham College, q y\' j_j 

Richmond, Ind., June, 1893. 



SUGGESTIONS TO THE TEACHER. 



No school work accomplishes the best that is possible for 
the student if it does not lay upon him the necessity of self- 
directed observation, and independent thinking. This prin- 
ciple has been kept in view in the preparation of this book. 
The text does not, therefore, elaborate the details of the 
government of the State. It leaves to the teacher and pupils 
the pleasure and profit of finding out some things for them- 
selves. The details of Indiana civil government are constantly 
working out in the very presence of teacher and pupils, and it 
is the design of the questions, and especially of the sugges- 
tive topics, to incite them to open their eyes and see the 
governmental processes that are going on about them. 

The Suggestive Topics and Topics for Discussion constitute 
an important feature, and the intelligent and persistent use 
of them by the teacher may be expected to secure valuable 
results ; among them are the following : 

i. Interested searching for facts in many a neglected 
corner. 

2. Independent thinking about the facts. 

3. Talks with parents and with local officers concerning 
local government. 

4. Observation of the workings of town, city, township and 
county governments. 

5. Development of patriotic interest in the management 
of public affairs, and intelligent criticism of public officers. 

6. Growth of the feeling of responsibility for the faithful 
performance of the duties of citizenship. 



VI SUGGESTIONS TO THE TEACHER. 

Interest may be excited and maintained by varying the 
requirements concerning the suggestive topics. One pupil 
may be assigned the duty of preparing a careful oral report on 
some one of the topics ; another may present a written state- 
ment upon some other topic; or the entire class may be 
assigned the same topic, in competition for the fullest, and 
at the same time the most concise, answer. 

Each topic for discussion may be made the subject of one 
or more carefully written papers on the opposite sides, or two 
or more may orally discuss it, or it may be the subject of 
general discussion by the entire class. 

Pupils should not be confined to either oral or written forms 
of statement: training in both is needed — in the former for 
readiness of speech, in the latter for conciseness and accuracy 
of statement. 

The lists of topics and questions are by no means exhaustive, 
and the teacher should add such as he may see to be useful; 
and the pupils should be encouraged to ask questions of their 
own. 

Before assigning lessons, the teacher should make such 
special preparation as will enable him to draw the line at the 
proper amount, and so clearly direct the study of the class as 
to economize their time and their efforts. 

The book may be used as a regular text upon the subject to 
which it is devoted, or it may be used as supplemental to the 
history or civil government of the United States. 

A few Reference Books on the subjects studied should be in 
every school library. Besides the list given under " Notes to 
Teachers,'' following the text of the Constitution of the 
United States, pp. 175-177, the following are suggested: 

1. A recent Unabridged Dictionary. 

2. Reports of state officers, state boards, etc. 

3. Reports of state institutions. 

4. Reports of county, city, and other local officers. 



SUGGESTIONS TO THE TEACHER. Vll 

Note. — Such reports are often published in the local news- 
papers, and the school should have a scrap-book for filing and 
preserving them. 

5. A copy of the Revised Statutes of Indiana. 

6. A copv of the School Law, of the Election Laws, of the 
Road Laws, and the Acts of the General Assembly for each 
session since the revision of the statutes. 

Note. — If these cannot be obtained for the school, they can 
usually be consulted in the office of some attorney. 

7. Copies of the "Rules and Orders" for the Government 
of the House of Representatives, also of the Senate. 

Note. — These can be had by addressing the Representative 
or the Senator from your county. 

The amount of practical information that may be obtained 
from public documents, and the degree of interest in them 
that may be excited, will agreeably surprise both teacher and 
pupils. 

In the use of this book, as of any other used in the school, 
its value to the pupils will depend more upon the skill of 
the teacher than upon its own merits. 



CONTENTS. 



PAGE 

PREFACE iii 

SUGGESTIONS TO THE TEACHER v 

CHAPTER I. Historical Introduction n 

CHAPTER II. Preamble; Bill of Rights 16 

CHAPTER III. Suffrage and Election. — Qualifications 
of Voters. Disqualifications for Office. Manner of Election. 
Time of Elections 21, 22 

CHAPTER IV. Distribution of Powers 26 

CHAPTER V. Legislative Department. — The Senate. 
The House of Representatives. Apportionment. General 
Provisions 26-33 

CHAPTER VI. Executive Department. — In Whom 
Vested. Term. Election. Qualifications. Vacancy, in 
office of Governor ; of Lieutenant Governor. Powers and 
Duties, of Governor ; of Lieutenant Governor. Compen 
sation 37-39 

CHAPTER VII. Administrative.— State Officers: Elected 
by the Voters ; Elected by the General Assembly ; Appointed 
by the Governor. State Boards. County Officers: Elected 
by the Voters ; Elected by Township Trustees. Township 
Officers. Towns and Cities. Town Government ; City 
Government 42-65 

CHAPTER VIII. Judicial Department. — Supreme Court. 

Appellate Court. Circuit Courts. Superior Courts. Criminal 

Court. Court of Claims. Juries. Justices' Courts. . . 68-74 

ix 



X TABLE OF CONTENTS. 

PAGE 

CHAPTER IX. Education.— School Fund. School System. 
School Officers. Educational Institutions 78-80 

CHAPTER X. Charitable and Penal Institutions . . 83 

CHAPTER XI, Finance 87 

CHAPTER XII. Corporations.— Banks. Other Corpor- 
ations 90-92 

CHAPTER XIII. Militia 94, 95 

CHAPTER XIV. Debts of Political and Municipal 
Corporations 97 

CHAPTER XV. Boundaries 99 

CHAPTER XVI. Miscellaneous. — Appointments. Term. 
Holding over. Oath. Seal. Commissions. Size of Counties. 
Lotteries. Grounds 102, 103 

CHAPTER XVII. Amendments 105, 106 

CHAPTER XVIII. The Schedule 108 

APPENDIX.— .4. Salaries of State Officers .... 113,114 

B. Constitution of Indiana 115-152 

C. Constitution of the United States . 153-174 

D. Analysis of the Constitution of the United 

States i7$-ig6 



INDIANA AND THE NATION. 



CHAPTER I. 

HISTORICAL INTRODUCTION. 

Indiana lies in that belt of land " extending from sea 
to sea," which was claimed by England soon after the 
discovery of America. On the ground of explorations 
made along the Great Lakes and the Mississippi River, 
France claimed that part of this land which lies in the 
Mississippi Valley ; and half a century before the Eng- 
lish had made any serious attempt to settle, or even to 
explore it, the French were in possession by actual occu- 
pation. Their principal settlements were made at Kas- 
kaskia in 1701, and at Vincennes a few years later. 
This territory was at one time attached to the Province 
of Louisiana, whose capital was at New Orleans ; at 
another, to New France (Canada), whose capital was at 
Quebec ; and the government of these settlements on 
the Mississippi and the Wabash was administered under 
French laws, by deputies sent out by the royal governor 
of one or the other of these provinces. 

In 1763, by the treaty of Paris, at the close of the 
French and Indian War, the French claims east of the 
Mississippi were transferred to the English, and the gov- 
ernment was then administered by English military 

TT * 



12 INDIANA AND THE NATION. 

officers at Kaskaskia and Vincennes, which were now 
English military posts. This territory continued under 
British rule until the early part of the Revolutionary 
War, 

In 1778, Colonel George Rogers Clarke, acting under 
commission of Patrick Henry, Governor of Virginia, took 
from the British, by force of arms, Vincennes and Kas 
kaskia, thus securing to Virginia a claim upon the terri- 
tory northwest of the Ohio River. Part of this territory 
had originally been claimed by Virginia under her char- 
ter. From this time until 1784, so far as there was any 
central civil government in the territory, Virginia claimed 
the right to exercise it, and erected the entire territory 
into a county, naming it the County of Illinois. 

In 1780 the Continental Congress recommended that 
the States having waste and unoccupied lands in the 
West, should cede them to Congress for the common 
benefit of the Union. 

In 1 78 1 Virginia consented, on certain conditions, to 
make the cession recommended by Congress. 

In 1783, September 13, the Congress of the Confed- 
eration agreed to receive the territory on substantially 
the conditions proposed by Virginia. In 1783, Decem- 
ber 20, the Virginia Legislature passed an act empower- 
ing her delegates in Congress to make a deed ceding 
the Northwest Territory to the United States. Massa- 
chusetts, Connecticut and New York had claims in the 
northern part of this territory, which they gave up 
soon after the Virginia cession. 

On March 1, 1784, Thomas Jefferson, Samuel Hardy, 
Arthur Lee, and James Monroe, signed and sealed in 



HISTORICAL INTRODUCTION. I 3 

Congress the contemplated deed. This territory then 
fell under the control of Congress. 

In 1784, April 23, an Ordinance for the Government 
of the Northwest Territory, which had been prepared by 
Jefferson, was adopted by Congress. But no new settle- 
ment was made under this frame of government, and it 
was practically inoperative. 

In 1787, July 13, the famous Ordinance of 1787, " for 
the government of the territory northwest of the Ohio 
River," was adopted by Congress, and superseded Jeffer- 
son's ordinance of 1784. Under this ordinance there 
was no legislative department for the Northwest Terri- 
tory, but the governor and judges were empowered to- 
select from among the laws of the thirteen original States 
such as were adapted to the needs of the Territory. 

This was the first provision for government ever really 
exercised over the territory of which Indiana was a part, 
after it became a possession of the United States. 

In 1788 Virginia ratified the Ordinance of 1787. This 
action was taken by that State because the " Ordinance" 
provided for the division of the territory into no more 
than five states, which was in violation of one of the 
conditions upon which Virginia had ceded the territory. 
Virginia had required that it be divided into ten states. 

In 1789 the first Congress under the present United 
States Constitution recognized the binding force of the 
Ordinance of 1787, provided for carrying its provisions 
into effect, and adapted the official relations of the terri- 
tory to the new government of the United States. 

In 1800 Ohio was set off from this territory, and Indi- 
ana Territory, the remainder, was given a territorial gov- 
ernment, with its capital at Vincennes. 



14 INDIANA AND THE NATION. 

In 1805 the Territory of Michigan on the north, and 
in 1809 that of Illinois on the west, were separated from 
Indiana, leaving it with its present boundaries. The 
capital was removed, in 181 3, to Corydon. 

In 1816, April 19, Congress passed an " enabling act," 
for the admission of Indiana into the Union as a State. 
In June, a convention was called for the formation of a 
State Constitution, and December 11, of the same year, 
its Constitution was accepted by Congress, and it was 
proclaimed a State of the Union. 

The capital remained at Corydon until 1825, when it 
was removed to Indianapolis. 

In 185 1 a State Convention was called, which formed 
a new Constitution, the one under which the people of 
the State are now governed. 

QUESTIONS ON THE HISTORICAL INTRODUCTION. 

1. When and how did Virginia get a claim upon the 
territory of which Indiana is a part? (See Sheldon's 
American History, pp. 178-180; Montgomery's Leading 
Facts of American History, p. 178; Lossing's Cyclo- 
pedia of U. S. History). 

2. When and why did Virginia give up her claims? 

3. Who signed the deed by which this territory was 
transferred to the United States? 

4. What was the name of the first law that was really 
applied in the government of this territory ? 

5. Why was it considered necessary for Virginia to 
approve the " Ordinance of 1787?" 

6. State the steps by which Indiana was reduced to its 
present boundaries. 



HISTORICAL INTRODUCTION. I 5 

7. Name and locate the different capitals that Indiana 
has had 

8. How many Constitutions has the State of Indiana 
had ? When was each adopted ? 

SUGGESTIVE TOPICS. 

1. Of what great event was George Rogers Clarke's 
expedition to the West a part ? 

2. What special reason had Congress for recommend- 
ing the States having western lands to cede them to the 
United States ? (See Montgomery's Leading Facts, p. 

178). 

3. In what county is Corydon ? Why was the county 
so named ? 

4. What is meant by an " enabling act?' 

5. How does a territory become a State ? 

6. Find out, if you can, how many members there 
were in the State Convention that formed the present 
Constitution of Indiana. 

7. How were the members chosen ? 

TOPIC FOR DISCUSSION. 

Resolved, That it was because of George Rogers Clarke's 
expedition, that the Mississippi River, instead of the Alle- 
gheny Mountains, became the western boundary of the 
United States at the close of the Revolutionary War. 



CHAPTER II. 

PREAMBLE AND BILL OF RIGHTS. 

The preamble to the Constitution of Indiana sets forth 
clearly the purposes for which the Constitution was 
framed. 

It is as follows : 

"To the end that justice be established, public order 
maintained, and liberty perpetuated : We, the people of 
the State of Indiana, grateful to Almighty God for the 
free exercise of the right to choose our own form of 
government, do ordain this Constitution. " 

The Constitution is the fundamental law of the State, 
made by the people themselves, as a guide and a re- 
straint of the executive, legislative, and judicial depart- 
ments, which represent the people in the government of 
the State. The acts of all officers must be in harmony 
with this fundamental law, or they are void. It is only 
by holding their officers responsible for governing ac- 
cording to this constitutional expression of their will 
that the people can retain their power, preserve their 
rights, and be a really self - governing people. 

The Constitution consists of sixteen articles, each of 
which sets forth the will of the people on some particu- 
lar phase of their government. We shall now examine 
these in their order, 

16 



PREAMBLE AND BILL OF RIGHTS. 1 7 

ARTICLE I. BILL OF RIGHTS. 

The bill of rights asserts the equality of all men ; 
their natural right to " life, liberty, and the pursuit of 
happiness ; " and the right of the people to alter or re- 
form their government. It declares for freedom of con- 
science, of worship, of thought, of speech, and of the 
press ; freedom from any religious test for holding office 
or witnessing in court, and it prohibits the state from 
establishing any creed or church, and from using public 
funds for any religious or theological institution. 

The people shall be free from unreasonable search or 
seizure of person or property ; the courts shall be equally 
open to all, and justice shall be freely, completely, and 
speedily administered ; the right of trial by jury, in both 
civil and criminal cases, must be preserved, and the per- 
son accused of crime shall have the right to meet his 
accusers in court, and to compel the attendance of wit- 
nesses in his own behalf ; he shall not be compelled to^ 
testify against himself, nor be twice put in jeopardy for 
the same offence. Unnecessary rigor, excessive bail, 
excessive fines, and cruel and unusual punishments are 
forbidden. Offenses, other than murder and treason, 
shall be bailable, and the penal laws of the state shall be 
based upon the principle of reformation and not of 
vindictive justice. In libel suits, the truth of what is 
alleged to be libellous may be given in justification. 

Neither personal services nor private property shall be 
taken for public use without just compensation. Debtors 
shall enjoy by law the exemption of a reasonable 
amount of property from seizure for debt, and there shall 
be no imprisonment for debt, except in cases of fraud. 



1 8 INDIANA AND THE NATION. 

The legislature is forbidden to grant individual or 
class privileges, titles of nobility, or hereditary distinc- 
tions ; or to pass ex post facto laws, or laws impairing the 
obligation of contracts. No law shall restrain the people 
from peaceably assembling for consultation, from in- 
structing their representatives, or from petitioning the 
legislature for a redress of grievances. " Emigration 
from the state shall not be prohibited," nor shall the 
privileges of the writ of habeas corpus be suspended un- 
less the public safety demands it. 

" The people shall have a right to bear arms in defense 
of themselves and the state ;" " the military shall be 
kept in strict subordination to the civil power ;" and the 
quartering of soldiers in time of peace, without consent, 
is forbidden. 

All laws must take effect in accordance with the pro- 
visions of the Constitution, and their operation must not 
be suspended except by authority of the legislature. 

The definition of treason, the method of conviction for 
treason, and the effects of conviction, are borrowed from 
the Constitution of the United States. (Article III., 
Section III.) 

Slavery is forbidden, and no involuntary servitude 
shall exist in the State except as a punishment for 
crime. 

This bill of rights, you see, is a specific declaration of 
the rights which the people claim to be theirs, and which ( 
they intend their government to preserve. A few hun- 
dred years ago governments were thought by the 
governing class to exist for their own benefit ; but as a 
result of the political revolutions of the last two hundred 



PREAMBLE AND BILL OF RIGHTS. 19 

and fifty years, the people in nearly all civilized coun- 
tries have made for themselves constitutions in which they 
set forth the rights that their governments must respect. 

QUESTIONS ON THE PREAMBLE AND BILL OF RIGHTS. 

1. For what purposes did the people form the Con- 
stitution of Indiana ? 

2. Name all the points in the bill of rights that have 
anything to do with religion. $ 

3. What rights are guaranteed to persons accused of 
crime ? 

4. What shalL be the basis of the penal laws of the 
state ? 

5. What are penal laws? What is meant by " vindic- 
tive justice ?" 

6. How may a person who is charged with libel 
justify himself ? 

7. What rights are guaranteed to debtors ? 

8. What privileges, titles, and distinctions is the 
legislature forbidden to grant ? 

9. For what purposes shall the people always have 
the right to assemble ? 

10. What is said about emigration? 

1 1 . What is said about the writ of habeas corpus ? 

12. What are the points of the bill of rights that have 
reference to military matters ? 

13. How must all laws be carried into effect? How 
may they be suspended ? 

14. Where did the framers of this Constitution get 
their definition of treason ? State it. How is a person 
to be convicted of treason ? Results of conviction ? 



20 INDIANA AND THE NATION. 

15. What is said about slavery and involuntary 
servitude ? 

16. How long since the people began to put bills of 
rights into their constitutions ? 

SUGGESTIVE TOPICS. 

1. Origin and meaning of "preamble." 

2. In what senses are all men not equal ? In what 
sense equal? 

3. Is there anv State in the United States that has 
established a creed or church? Why? What is a creed? 

4. Is there anv country in Europe in which the church 
is established bv the government? 

5. Is there a bill of rights in the Constitution of the 
United States? If so, in what part? 

6. What points in this bill of rights were taken from 
the Declaration of Independence? What from the Ordi- 
nance of 1787? What from the Constitution of the 
United States? (See Old South Leaflets, Nos. 1, 3 and 

13). 

7. Was there ever any attempt made to legalize 
slavery in the State of Indiana? If so, why did it not 
succeed? .(See Dunn's History of Indiana; North 
American Review, April, 1876; Indiana School Journal, 
May, 1886, pp. 242, 243). 

TOPIC FOR DISCUSSION. 

Resolved, That no part of the public funds should 
ever be used for education except in the public schools. 



CHAPTER III. 

ARTICLE II. SUFFRAGE AND ELECTION. 

In all governments in which the will of the people is 
the law, there must be some method of definitely deter- 
mining what their will is. The method used is called 
voting. A vote may be taken by ayes and noes, by the 
holding up of hands, or by the written or printed ballot, 
In most of the States of the Union the ballot has been 
used from their organization as independent common- 
wealths, while it is but little more than twenty years ago 
(1872) that England adopted the ballot and ceased to 
conduct elections by the primitive modes. 

Freedom of Elections. — "All elections shall be free and 
equal." 

Qualifications of Voters. — Voters must be male citizens 
of the United States, twentv-one years of age, and have 
resided in the state six months, in the county sixty days, 
and in the w T ard or precinct thirty days immediately pre- 
ceding the election. 

Males of foreign birth who are not citizens, but who 
have resided in the United States one year, may vote if 
they have declared their intention to become citizens, and 
possess the other qualifications named above. 

No soldier, sailor, or marine, in the army or navy of the 
United States or their allies, shall, in consequence of hav- 
ing been stationed in the State, be considered as having 
gained a residence with the right to vote. 



22 INDIANA AND THE NATION. 

No person shall be deemed to have lost his residence 
in the State by reason of absence on business for the State 
or for the United States. 

A voter may be disfranchised for the commission of 
an infamous crime, 

Voters are free from arrest while going to or from 
elections, except for treason, felony, or breach of the 
peace. 

Note. — Negroes and mulattoes were forbidden to vote, 
by section 5 of this article. But this was stricken out 
March 24, 188 1. 

Disqualifications for Office. — Bribery, threat, or promise 
of reward to procure election ; giving or accepting a 
challenge to fight a duel ; or conviction of an infamous 
crime, bar the offender from office. The holding of a 
lucrative office under the United States or this State 
excludes the holder from a seat in the General Assembly; 
and no one can hold more than one lucrative office at the 
same time, except that officers in the militia, without 
annual salaries, and deputy post-masters receiving not 
more than ninety dollars a year, are eligible; and in 
counties with less than one thousand polls, the offices of 
clerk, recorder, and auditor, or any two of them, may be 
conferred upon the same person. 

Failure to account for and pay over public funds, for 
which one may be liable, is also a disqualification. 

Manner of Election. — All elections by the people must 
be by ballot ; all by the General Assembly must be viva 
voce. 

Time of Elections. — General elections, on the Tuesday 
after the first Monday in November ; local elections, at 



SUFFRAGE AND ELECTION. 23 

such times as may be determined by law. The General 
Assembly may provide for the election of all judges of 
general and appellate jurisdiction at a time when no other 
officers are voted for. 

Note 1. — The Constitution as adopted in 185 1 set the 
time of the general election at the second Tuesday in 
October. Amended as above March 24, 1881. 

Note 2. — In 1889 the General Assembly enacted what 
is known as the Australian, or secret ballot, system of 
election. 

QUESTIONS ON SUFFRAGE AND ELECTION. 

1. What is the purpose of voting? 

2. In what ways may a vote be taken? 

3. When was the written or printed ballot adopted in 
this country ? When in England ? 

4. What is meant by elections being free and equal ? 

5. What qualifications must a voter possess? 

6. Under what conditions may a person not an Ameri- 
can citizen vote ? 

7. Why may not soldiers, sailors or marines stationed 
in Indiana have the right to vote in Indiana ? 

8. Why do not citizens of this state absent on 
governmental business lose their right to vote in the 
state ? 

9. For what may a voter be disfranchised ? What 
does this mean ? 

10. For what crimes may voters be arrested on the 
way to or from the polls ? Why free from arrest for 
other crimes ? 

11. When was the prohibition of negro suffrage re- 
moved from the Constitution ? Why was this done ? 



24 INDIANA AND THE NATION. 

12. What causes will shut a man out from public 
office ? Are these sufficient causes ? 

13. Why should not a member of the State Legislature 
hold a paying state or national office ? 

14. Why should not the same man hold more than one 
office at a time ? What exceptions to this ? Why ? 

15. In what way must the people vote in all elections ? 
Why so ? 

16. In what way must all voting be done in the Legis- 
lature ? Explain what is meant by viva voce. 

17. What is the present time of holding all general 
elections ? When and how was the change made ? 

18. What determines the time of local elections? 

19. For what officers may special elections be held? 
What reason can you give for this ? 

20. When was the Australian ballot system adopted in 
Indiana ? 

SUGGESTIVE TOPICS. 

1. Have elections always been free in all parts of this 
country ? What exceptions can you name ? 

2. Is it wise to permit foreigners who are not citizens 
to vote ? Why ? 

3. What is meant by the word " alien?" What prob- 
ably actuated the framers of the Constitution to permit 
aliens to vote ? 

4. What reasons can be urged why women should vote 
on the same terms as men ? Can you give any good 
reasons why they should not ? 

5. Did negroes and mulattoes have the right to 
vote in this State before 1881 ? Be sure you are 
right, and give a reason for your answer. (See Fif- 



SUFFRAGE AND ELECTION. 25 

teenth Amendment to the Constitution of the United 
States. Its date ?) 

6. What determines the time of our general elections ? 
Did the Legislature make the change ? 

7. Why was the time of the general election changed 
from October to November ? 

8. Explain clearly the difference between general and 
local elections. 

9. Explain the Australian ballot system. (See Dole's 
" American Citizen," p. 118; or Fiske's "Civil Govern- 
ment in the United States," pp. 265, 347). 

10. Why did Indiana adopt this system? 

1 1 . What are the arguments for and against the 
system ? 

TOPIC FOR DISCUSSION. 

Resolved, That no person who shall attain the age of 
21 after the year 1900, shall be allowed to vote unless he 
can read intelligibly and write legibly. 



CHAPTER IV. 

ARTICLE III. DISTRIBUTION OF POWERS. 

"The powers of the government are divided into 
three separate departments : The Legislative, the Exec- 
utive (including the Administrative), and the Judicial; 
and no person charged with official duties under one of 
these departments shall exercise any of the functions of 
another, except as in this Constitution expressly pro- 
vided." 

In despotic governments the laws are made, cases 
decided under them, and the penalty for their violation 
inflicted, by the authority of a single person. To pre- 
vent the tyranny possible under such a system, the peo- 
ple of the most civilized countries in modern times have 
separated the three functions of government from each 
other, and have placed them in the hands of different 
individuals or bodies of men. In this way each is made 
to serve as a check against any unwise, unjust, or illegal 
action of the others. Observe how careful the framers of 
this Constitution were to say that " no person charged 
with official duties under one of these departments shall 
exercise any of the functions of another," except as 
expressly provided for in the Constitution. The framers 
of the Constitution of the United States were equally 
careful, and we find in that document the same three-fold 
division of the powers of government. 

26 



DISTRIBUTION OF POWERS. 2? 

QUESTIONS ON ARTICLE III. 

1. Into how many departments is the government of 
Indiana divided? What are they called? 

2. What is the special function of each department? 

3. What is the reason for this division? 

4. Compare this distribution of powers with that in 
the United States Government. 

SUGGESTIVE TOPICS. 

1. What do we call a government in which all the 
powers are vested in the same person? 

2. Name some such governments. 

3. Is it possible for a despotic ruler to be so tyran- 
nical in these days as in former times? Why? Give some 
illustrations to prove what you say. 

4. See if you can find in the duties of the Governor 
and of the Senate any of the exceptions to this article,, 
provided for by the Constitution. 

5. What city and county officers are also exceptions, 
and in what cases? 

TOPIC FOR DISCUSSION. 

Resolved, That members of the executive department 
should be allowed to participate in the discussions of the 
legislative department. (See Bryce's " American Com- 
monwealth," vol. I., chapter xxi., p. 212 ; Fiske's Critical 
Period, pp. 289-300, and his Civil Government in the 
United States, 168, et seq.) 



CHAPTER V. 

ARTICLE IV. LEGISLATIVE DEPARTMENT. 

11 The legislative authority of the State shall be vested 
in a General Assembly, which shall consist of a Senate and 
a House of Representatives. The style of every law shall 
be, ' Be it enacted by the General Assembly of the State 
of Indiana,' and no law shall be enacted except by bill." 

Every State in the Union requires its legislative body 
to consist of two branches. In this the State Legislatures 
are like the Congress of the United States. Before the 
present Constitution of the United States was adopted, 
Congress consisted of but a single body. The States of 
Pennsylvania and Georgia, when they organized as inde- 
pendent States at the beginning of the Revolution, had 
legislatures of but one house. Soon after Congress was 
made to consist of two houses, these two States adopted 
the same system. A legislative body consisting of two 
houses is call a bi-cameral legislature ; if it consists of a 
single house it is said to be uni-cameral. 

THE SENATE. 

Number. — The number of senators shall not exceed fifty. 

How chosen. — By the electors (voters) of the sena- 
torial districts into which the State may be divided. But 
no county, for senatorial purposes, shall ever be divided. 

Term of Service. — Four years. The senators were, at 
the second session of the Assembly after the adoption of 

28 



LEGISLATIVE DEPARTMENT. 29 

this Constitution, divided by lot into two equal classes, 
and the seats of the first-class were vacated in two years, 
and those of the second in four years, so that one-half 
should be chosen biennially. 

Qualifications. — A senator must be a citizen of the 
United States, must have been an inhabitant of the State 
two years next preceding his election, one year an inhab- 
itant of the district from which he is chosen, and must 
be at least twenty- five years old. 

Time of Election. — One-half of the senators are elected 
at the time of the general election in each even-numbered 
year. 

Presiding Officer. — The Lieutenant-Governor is Presi- 
dent of the Senate. 

Impeachment Trials. — When a State officer has been 
impeached by the House of Representatives, the Senate 
sits as a court to try the case. 

THE HOUSE OF REPRESENTATIVES. 

Number. — The number of representatives shall not 
exceed one hundred. 

How chosen. — By the electors of the representative 
districts. These districts may consist of one or more 
counties, but in case there are two or more counties in a 
district they must be contiguous. 

Term. — Two years. 

Qualifications. — Same as for senators, except that the 
minimum age of representatives is twenty- one years. 

Time of Election. — All members of the House are 
chosen at the time of the general election each even 
year (1892, 1894, etc.) 



30 INDIANA AND THE NATION. 

Presiding Officer. — The House of Representatives 
chooses one of its own members to preside. He is 
called the Speaker of the House. 

Impeachments. — The House of Representatives has 
the sole power of impeaching State officers. 

APPORTIONMENT. 

The Constitution requires that every six years, begin- 
ning at its second session after the adoption of the Con- 
stitution, the General Assembly shall cause an enumera- 
tion to be made of all male inhabitants over the age of 
twenty-one years ; and that, at the session next following 
the time of each enumeration, the senators and represent- 
atives shall be apportioned among the counties accord- 
ing to the number of male inhabitants, above twenty- 
one years of age, in each. For this purpose the counties 
are grouped into fifty senatorial, and one hundred 
representative districts. 

GENERAL PROVISIONS. 

Sessions. — Regular. The General Assembly meets 
regularly on the Thursday next after the first Monday 
in January of each odd year (1893, 1895, etc.) Special 
When, in the opinion of the Governor, the public welfare 
requires it, he may call a special session. 

Length of Sessions. — Regular sessions, not longer than 
sixty-one days ; special sessions, not beyond forty days. 

An amendment to the Constitution has been pro- 
posed, providing that regular sessions may continue one 
hundred days, and special sessions sixty days. 

Quorum. — Two-thirds of each house is a quorum to 
do business. 



LEGISLATIVE DEPARTMENT. 3 I 

Powers and Duties of each House. — Each house shall 
choose its own officers (President of the Senate except- 
ed); judge of the election, returns, and qualifications of 
its own members ; make its own rules ; determine its own 
adjournment; may punish its own members, and others, 
for disorderly conduct; shall keep a journal of its pro- 
ceedings ; may sit with closed doors when its business 
requires secrecy. 

Compensation. — The pay of members shall be deter- 
mined by law; but no increase shall take effect during the 
session at which the increase may be made ; and in case 
either house fails to effect an organization within five 
days after a quorum is present, its members shall be 
entitled to no compensation until an organization shall 
be effected. 

Law-making. — "No law shall be enacted but by bill." 
Bills may originate in either house, but may be amended 
or rejected by the other, except that bills for raising 
revenue shall originate in the House of Representatives. 
Bills must be read by sections on three several days in 
each house, unless by a two-thirds vote it be dispensed 
with, but on its final passage every bill must be read by 
sections. No bill shall embrace more than one subject, 
and the subject shall be expressed in the title. Every 
act and joint resolution shall be plainly stated, and be as 
free as possible from the use of technical terms. No 
act shall be amended or revised merely by reference to its 
title. A majority of the members elected to each house 
shall be necessary to pass every bill or joint resolution, 
and when so passed the bill shall be signed by the pre- 
siding officer and presented to the Governor; if approved 



32 INDIANA AND THE NATION. 

by him, he signs it, and it becomes a law. But if not, 
he shall return it, with his objections, to the house in 
which it originated, where the objections shall be enter- 
ed upon the journal, and the bill be reconsidered. If a 
majority still favor the bill, it shall be forwarded with 
the Governor's objections to the other house. If a ma- 
jority of its members still approve the bill, it becomes a 
law. Should the Governor fail to return a bill within 
three days, Sunday excepted, it becomes a law without 
his signature, unless the adjournment of the legislature 
shall prevent its return. In this case it becomes a law 
unless the Governor, within five days, shall file the bill 
and his objections with the Secretary of State, who shall 
bring it before the Assembly at its next session. No 
bill shall be presented to the Governor within two days 
of final adjournment 

No law shall take effect until published and circulated 
in the several counties of the State, by authority, except 
in case of emergency; which emergency shall be declar- 
ed in the law itself. 

Prohibitions. — I. Upon the Assembly. It shall not pass 
local or special laws relating to, (#) the jurisdiction and 
duties of justices of the peace and constables; (^) the 
practice in the courts; (c) change of venue; (d) divorces; 
(e) changing names of persons; (/) laying out or vacating 
roads or vacating town plats, streets, alleys, and pub- 
lic squares; (^) the regulation of county and township 
business; (/z) the election of county and township offi- 
cers; (/) the assessment and collection of taxes, the 
support of the common schools, and the preservation 
of the school fund; (/) fees or salaries, or the interest 



LEGISLATIVE DEPARTMENT. 33 

on money; (k) the conduct of elections and the desig- 
nation of voting places; (/) or for the sale of real estate, 
belonging to minors or others laboring under disabili- 
ties, by executors, administrators, guardians, or trustees. 
But in all these cases, and in all others, where prac- 
ticable, the laws shall be general and of uniform appli- 
cation. 

2. Upon Members. No member of either house shall, 
during the term for which he was elected, be eligible to 
any office to be filled by the Assembly, nor shall he be 
appointed to any civil office of profit which has been 
created, or the pay of which has been increased during 
such term, unless the office be elective by the people. 

No member shall receive an increase of compensation 
during the session at which such increase was made. 

Privileges of Members. — Members are privileged from 
arrest during sessions of the Assembly, and in going to 
and returning from the same, except for treason, felony, 
and breach of the peace. They shall not be subject to 
any civil process during the session, nor during the fifteen 
days next preceding the beginning of the same; nor shall 
they be questioned in any other place for any speech or 
debate in either house. Any member of either house 
has the right of protest, and to have his protest, with his 
reasons, entered on the journal. 

QUESTIONS ON ARTICLE IV. 

1. What is the name of the legislative body of Indiana? 
Of what does the legislature consist? 

2. What is a bi-cameral legislature? A uni-cameral 
legislature? Origin and meaning of these terms 



34 ' INDIANA AND THE NATION. 

3. When did the United States Congress cease to be 
a uni-cameral body? 

4. What is the limit to the number of members in the 
Senate? Has that limit been reached? 

5. How are senators chosen? How many senatorial 
districts are there in the state? How many counties? 

6. For how long a term are senators elected? How 
were the senators divided soon after the adoption of this 
constitution? 

7. What are the qualifications required of a senator? 

8. When are senators elected? How many are chosen 
every two years? 

9. Who is the presiding officer of the Senate? Does 
the Senate elect its own president? Who does elect 
him? 

10. What part does the Senate take in a case of 
impeachment? 

11. What is the limit to the number of representa- 
tives? Has the limit been reached? 

12. How are representatives chosen? 

13. What is required in case a representative district 
consists of more than one county? 

14. For how long a term are representatives chosen? 

15. What are the qualifications required of repre- 
sentatives? 

16. Compare the time of choosing representatives 
with that of choosing senators. 

17. Who presides over the House of Representatives? 
How chofen? 

18. What part does the House have in a case of 
impeachment? 



LEGISLATIVE DEPARTMENT. 35 

19. On what basis are senators and representatives 
apportioned among the counties? 

20. How is this basis determined? How often? 

21. When and how often do the regular sessions of 
the General Assembly meet? The special sessions? 

22. What is the length of sessions? What change has 
been proposed? 

23. What constitutes a quorum in each house? 

24. What are the chief powers and duties of the two 
houses? 

25. What are the provisions concerning the pay of 
members? 

26. Trace the steps by which a bill becomes a law. 

27. How may the Governor prevent a bill from 
becoming a law? What is this power of the Governor 
called? Is it absolute? 

28. What is required before a new law shall take 
effect? 

29. What are the chief prohibitions upon the General 
Assembly? Upon members? 

30. What are the privileges of members? 

SUGGESTIVE TOPICS. 

1. What are the advantages of the bi-cameral system? 

2. Why are the senators divided into two classes? 
Why are not the representatives? 

3. What is a gerrymander? How is it accomplished? 
Its purpose? Is it right? (See Dole's American Citizen, 

P. 69). 

4. Origin of the term gerrymander? (See Lossing's 
Cyclopedia of U. S. History, or an unabridged dictionary) . 



36 INDIANA AND THE NATION. 

5. Who is state senator from your district? What 
counties compose your senatorial district? 

6. What is meant by impeachment? 

7. Who is the representative from your district? What 
counties compose your representative district? 

8. Why is the term of representatives shorter than 
that of senators? 

9. Contrast the basis of representation in the Legisla- 
ture, with that in the U. S. Congress. Can you see any 
good reason for the difference? (See Art. I., Section II. 
of the U. S. Constitution). 

10. Contrast the number required for a quorum in the 
Legislature with that required in Congress. (See Art. I., 
Sec. V., U. S. Constitution). 

11. Why withhold pay from members until their 
houses are organized? 

12. Why should the Governor have the veto power? 
Why should not his veto be absolute? 

13. Why should members of the Legislature be free 
from arrest and civil process during sessions? 

14. What is meant by civil process, as used in this 
connection? 

15. Why except treason, etc., from the exemption? 

16. What is meant by the right of protest? 

TOPIC FOR DISCUSSION. 

Resolved, That the regular sessions of the Legislature 
should be extended to one hundred days ; or, 

Resolved, That the length of the sessions of the Legis- 
lature should not be increased. 



CHAPTER VI. 

ARTICLE V. THE EXECUTIVE DEPARTMENT. 

In Whom Vested. — The executive powers of the State 
are vested in a Governor. There is also a Lieutenant- 
Governor. 

Term. — Both Governor and Lieutenant-Governor hold 
office during four years. Their official term begins on 
the second Monday in January, every fourth year (1893, 
1897, etc -) 

Election. — Governor and Lieutenant-Governor are 
chosen by the qualified electors of the state, at the times 
and places of choosing members of the General Assem- 
bly. Returns of such election must be sealed up and 
sent to the Speaker of the House of Representatives at 
the capital. He shall open and publish them in the 
presence of both houses. In case two or more persons 
have an equal and the highest number of votes for either 
office, the General Assembly shall, by joint vote, forth- 
with proceed to elect one of the said persons Governor 
or Lieutenant-Governor, as the case may be. Contested 
elections for either office shall be determined by the 
General Assembly according to law. 

Note. — On contested elections, see Revised Statutes, 
1 88 1 , sections 4743-4746. 

Qualifications. — The qualifications for Governor and 
Lieutenant-Governor are the same, and are as follows : 

37 



38 INDIANA AND THE NATION. 

Five years a citizen of the United States ; five years a 
resident of the state immediately preceding election ; 
and thirty years of age. No member of Congress, nor 
any officer under the United States, is eligible to either 
office ; nor is Governor or Lieutenant-Governor eligible 
to any other office during the term for which he was 
elected. 

Vacancy. — (a) In office of Governor. When for any 
reason the Governor cannot discharge the duties of his 
office, the same shall devolve upon the Lieutenant-Gov- 
ernor ; and the General Assembly shall provide by law 
for the case of removal, for any reason, of both Governor 
and Lieutenant-Governor, declaring what officer shall 
serve as Governor, and he shall act accordingly until the 
disability be removed, or a Governor be elected. 

Note. — For the provision made by the General 
Assembly, see Revised Statutes, 1 88 1 , section 5559. 

(b) Of Lieutenant-Governor. Whenever the Lieutenant- 
Governor shall act as Governor, or shall be unable to 
attend as President of the Senate, the Senate shall elect 
one of its own members as President for the occasion. 

Powers and Duties. — (a) Of the Governor. He shall be 
commander-in-chief of the military and naval forces of 
the State ; shall give information to the General Assem- 
bly concerning the condition of the State, and recom- 
mend such measures as he deems expedient. He signs 
or vetoes bills passed by the Assembly ; transacts all 
necessary business with the officers of the government, 
and may require information in writing from any of the 
administrative officers of the State on any subject relat- 
ing to their offices, and must see that all the laws are 



THE EXECUTIVE DEPARTMENT. 39 

faithfully executed. He has power to grant reprieves, 
commutations, and pardons for all offences except trea- 
son and cases of impeachment, and may remit fines and 
forfeitures, subject to regulations which may be pre- 
scribed by law ; but he must report all such cases to the 
General Assembly. The Assembly may, however, con- 
stitute a council, without whose consent no pardon shall 
be granted, except in cases that may, by law, be left to 
the Governor's sole power. He shall, during the recess 
of the Assembly, fill vacancies in all offices the appoint- 
ment to which is vested in the Assembly ; and at any 
time when vacancies occur in any state office, or in the 
office of judge of any court, he shall fill the same by 
appointment, which shall expire when a successor shall 
have been elected and qualified. When vacancies occur 
in the General Assembly, he shall issue writs of election 
to fill them. Should it be dangerous for the Assembly 
to meet at 'the capital, he may convene it at any other 
place. 

[6) Of the Lieutena?it- Governor. He shall preside over 
the Senate, and may have the right when in committee of 
the whole to join in debate, and vote on all subjects. He 
shall, in all cases of a tie, give the casting vote. 

Compensation. — The compensation of Governor is 
fixed by law, and shall be neither increased nor decreased 
during the term for which he is elected. 

The Lieutenant-Governor, as President of the Senate, 
shall receive the same compensation as the Speaker of 
the House of Representatives ; and when acting as Gov- 
ernor, he shall receive the Governor's salary. (See Table 
of State Officers and Salaries, pp. 113, 114). 



40 INDIANA AND THE NATION. 

QUESTIONS ON ARTICLE V. 

1 . Who is responsible for the execution of the laws of 
Indiana ? 

2. What is the length of the Governor's term ? When 
does it begin ? 

3. Is the Lieutenant-Governor an executive, or a legis- 
lative officer ? 

4. When and by whom are Governor and Lieutenant- 
Governor chosen ? 

5. In case the voters fail to give the requisite majority, 
how is their election determined ? 

6. What are the requisite qualifications for Governor 
and Lieutenant - Governor ? 

7. How is a vacancy of the governorship filled? How, 
if Governor and Lieutenant-Governor should both be 
removed ? 

8. How is a vacancy in the office of Lieutenant-Gov- 
ernor filled ? 

9. State the chief powers and duties of the Governor. 
What is the most important one ? 

10. What are the duties of the Lieutenant-Governor ? 

11. What is the pay of the Governor? How is it 
determined ? 

12. What is the pay of the Lieutenant-Governor? 

SUGGESTIVE TOPICS. 

1. What is meant by a contested election ? 

2. Why require of Governor and Lieutenant-Governor 
the same qualifications ? 

3. Why should the Lieutenant-Governor receive a sal- 
ary besides his daily wages for presiding over the Senate? 



THE EXECUTIVE DEPARTMENT. 41 

4. What is the difference between a reprieve and a 
pardon ? 

5. What is meant by a commutation ? 

6. What is the difference between a fine and a for- 
feiture ? 

7. What is meant by a writ of election ? 

8. Who is Governor, and who Lieutenant-Governor of 
Indiana at the present time ? 

TOPIC FOR DISCUSSION. 

Resolved, That no person who has not been ten years 
a citizen of the United States should be eligible to the 
office of Governor or Lieutenant-Governor; or, 

Resolved, that none but native citizens should be eligi- 
ble to the office of Governor or Lieutenant-Governor. 



CHAPTER VII. 

ARTICLE VI. ADMINISTRATIVE. 

The Constitution provides for the election, by the 
voters of the State, of certain state officers ; by the voters 
of the counties, of certain county officers; by the voters 
of the townships, of certain township officers ; and by the 
voters of the towns and cities, of certain town and city 
officers, for administering their respective governments. 
The duties of all these officers are prescribed by law. 
The following details, concerning the various phases of 
administration, are therefore obtained from the statutes, 
or laws, of the State, and not from the Constitution. 

Besides the officers named in the Constitution, for whose 
election or appointment it provides, provision is made for 
the election or appointment by law of such others as 
may be necessary to properly carry on the government. 

The administrative department is a branch of the 
executive. 

STATE OFFICERS. 

Elected by the Voters of the State. 
Secretary of State. — The Secretary of State holds his 
office for two years. It is his duty to keep the laws 
passed by the Assembly, to publish and disseminate the 
same, and to preserve all reports, papers, and records 
required by law to be filed in his office. He attests and 
seals commissions, pardons, etc., issued by the Governor. 

42 



ADMINISTRATIVE. 43 

Auditor of State. — His term is two years. His duties 
pertain chiefly to the accounts of the State with the 
counties, with other States, with the United States, or 
with persons or corporations doing business with the 
State. 

Treasurer of State. — He holds for a term of two 
years, and has charge of the public money of the State. 

Note. — The Secretary, Auditor, and Treasurer are 
ineligible for more than two terms in succession. 

State Superintendent of Public Instruction. — His term 
of office is two years, with no time limit as to eligibility. 
He is charged with the educational affairs of the State, 
looks after the proper application of the school fund, and 
reports biennially to the Governor and Assembly the con- 
dition of education in the State. 

State Geologist. — His term is four years. He is 
charged with the geological and scientific survey of the 
State, the discovering and developing of its natural 
resources, and with disseminating information in regard 
to its agricultural, mining, and manufacturing advan- 
tages. He appoints an Inspector of Mines, an Inspector 
of Mineral Oils, and an Inspector of Natural Gas. It is 
also his duty to have the custody of the battle -flags of 
the Indiana regiments in the Civil War. 

State Statistician. — Called also Chief of the Bureau of 
Statistics. Term, two years. It is his duty to collect 
and publish, biennially, reports of statistical information 
concerning agriculture, manufacturing, mining, com- 
merce, education, labor, marriage and divorce, births and 
deaths, sanitary conditions, and various other industrial 
and social matters. 



44 INDIANA AND THE NATION. 

Attorney -General. — Term, two years. His duties are 
connected with the administrative and judicial depart- 
ments of the State. He assists the executive and admin- 
istrative officers by giving them legal opinions. He 
collects fees, fines, forfeitures, and escheats belonging to 
the State, and prosecutes or defends, as the case may be, 
all suits to which the State may be a party. 

Elected by the General Assembly. 

State Librarian. — The official term of the Librarian is 
two years. His chief duty is to have the care of the 
State library. 

Appointments by the Governor. 

Boards of Directors of the State prisons, and the hos- 
pitals for the insane, and the schools for educating deaf- 
mutes and the blind. 

Boards of Trustees for the State University, Purdue Uni- 
versity, the State Normal School, the Women's Reforma- 
tory, the Reform School for Boys, the Soldiers' and Sailors' 
Orphans' Home, and the School for Feeble-minded Youth. 

A Custodian of Public Buildings, whose term of office is 
four years, and whose duty it is to care for the State 
House, its furniture, and its grounds. 

A Commissioner of Fisheries, for a term of two years, 
whose duty it is to provide for the propagation and pro- 
tection of valuable varieties of fish in the streams and 
lakes of the State. 

Notaries Public, for the several counties of the State, 
who hold for a term of four vears. 

Officers of the State Militia, above and including the 
rank of colonel. 



ADMINISTRATIVE. 45 

Metropolitan State Police Commissioners. — Three Com- 
missioners are to be appointed for each city of ten 
thousand and not exceeding thirty-five thousand inhab- 
itants. Their term is for three years, one retiring annu- 
ally. Their duty is to have supervision of police matters 
of their cities, and to appoint and remove police officers. 

Removals by the Governor. 
The Governor has power to remove any officer ap- 
pointed by him, for incompetency, for official wrong- 
doing, or for any other just cause ; but he must furnish 
to the officer, at the time of such removal, a statement 
of the cause, or causes, for which he is removed. 

STATE BOARDS. 

There are, provided by law, certain boards and com- 
missions whose duties are chiefly administrative. The 
following are the most important : 

State Board of Health, consisting of five members, four 
of whom are appointed by a Board of Appointment, 
consisting of the Governor, Secretary of State, and Audi- 
tor of State. The fifth is elected by the other four and 
is the secretary of the board. He must be a physician, 
and is the Health Officer of the State. 

Note. — Local boards of health are provided for. 

State Agricultural and Industrial Board, consisting of 
fifteen members, not more than eight of whom can be of 
the same political party. They are chosen by the Board 
of Appointment named above. Four of the members 
represent the interests of agriculture ; three, those of the 
mechanical industries ; one, those of art ; four, stock- 
breeding , and three, commercial interests. They have 



46 INDIANA AND THE NATION. 

the management of the State Fair, and a general super- 
vision of the industrial interests of the State. 

State Board of Education. — This board consists of the 
Governor, the State Superintendent of Public Instruction, 
the presidents, respectively, of the State University, 
Purdue University, and the State Normal School, 
together with the school superintendents of the three 
largest cities of the State as determined by the enumera- 
tion of school children. They are empowered to adopt 
such rules and regulations for the practical administration 
of the school system of the State as they deem advisable, 
provided such rules and regulations do not conflict with 
the laws of the State. They examine teachers for State 
licenses, and prepare questions for the examination of 
teachers in all the counties of the State. They are also 
constituted a Board of School Book Commissioners, to 
provide suitable text-books for the common schools of 
the State. 

State Board of Tax Commissioners. — The members of 
this board are the Governor, Auditor, and Secretary of 
State, ex officio, and two other persons of different polit- 
ical parties appointed by the Governor for four years. 
They meet annually to assess railroads and other cor- 
poration property ; and each year that real estate is 
assessed they equalize the same. 

Board of State Charities. — This board was created by 
the General Assembly in 1889. It consists of six mem- 
bers, appointed by the Governor for a term of three 
years, one -third retiring annually. They elect a sec- 
retary, who devotes his entire time to the work of the 
board. The Governor is ex officio president of the board. 



ADMINISTRATIVE. 47 

It is their duty to visit and inspect all the charitable, 
penal, and reformatory institutions of the State, and 
report annually to the Governor and the General Assem- 
bly, making such recommendations as they may deem 
necessary. 

Commissioners of Public Printing. — The Governor, the 
Secretary of State, and the Auditor of State, are, by law, 
constituted a commission to have charge of the public 
printing, binding, and stationery. They appoint an ex- 
pert in the business of printing and binding who shall, 
under direction of the commissioners, have charge of the 
Bureau of Public Printing, Binding, and Stationery in 
the office of the Secretary of State. 

QUESTIONS ON THE .STATE OFFICERS. 

1. Name the State officers that are elected by the 
people. 

2. Length of term of each ? 

3. Which cannot hold more than two terms in suc- 
cession ? Which not eligible to re-election? 

4. What are the duties of the Secretary of State? 

5. What are the duties of the Auditor of State ? 

6. What are the duties of the Treasurer of State ? 

7. What are the duties of the Superintendent of Public 
Instruction ? 

8. What is required of the State Geologist? What 
appointments does he make ? 

9. What other name for State Statistician ? What are 
his duties ? 

10. What are the duties of the Attorney - General ? 

1 1. Name the officer elected by the General Assembly. 



48 INDIANA AND THE NATION. 

12. Term and duties of the State Librarian? 

13. What appointments are made by the Governor? 

14. Term and duties of the Custodian of Public Build- 
ings ? 

15. What are the duties of the Commissioner of Fish- 
eries? Of the Metropolitan Police Commissioners? 

16. Name the different State Boards. 

17. Number of members in the State Board of Health ? 
How are they appointed ? 

18. Who is the Chief Health Officer of the State? 

19. Number of members in the State Agricultural and 
Industrial Board ? Classify them. How are they ap- 
pointed ? Their duties ? 

20. How many members in the State Board of Edu- 
cation ? Who compose this Board ? How do they get 
their places in the board ? 

21. What are the duties of the State Board of Educa- 
tion ? 

22. Who compose the State Board of Tax Commis- 
sioners ? Their duties ? 

23. How is the Board of State Charities composed? 
Term of members ? Who presides at its meetings ? 

24. What are the duties of this board ? Is the secre- 
tary one of its members ? What are his duties ? 

25. Who are the Commissioners of Public Printing? 
What are their duties ? Who really performs these 
duties ? 

SUGGESTIVE TOPICS. 

1. How could you get a copy of the Report of the 
Superintendent of Public Instruction, State Geologist, 
State Statistician, or Commissioner of Fisheries? 



ADMINISTRATIVE. 49 

■< 

2. Of what value would these reports be to your school 
library ? 

3. Find out the names of the present State officers who 
are elected by the voters of the State. 

4- What are the duties of notaries public ? 

5. What is the difference between real estate and per- 
sonal property ? 

6. What is it to assess property? Why is it 
assessed ? 

7. How often is real estate assessed ? Personal prop- 
erty ? 

8. What is meant by making a board non-partisan ? 

9. What reasons can you give why there should be 
added to the State Board of Education one or more rep- 
resentatives of the County Superintendents ? Any rea- 
sons for opposing this ? 

TOPIC FOR DISCUSSION. 

Resolved, That the appointing power of the Governor 
should be limited by the consent of the Senate. 

COUNTY OFFICERS. 

Ettcted by the Voters. 

Clerk of Circuit Court. — His term of office is four years. 
He can serve no more than eight years in any period of 
twelve. For his duties, see " Officers of Circuit Court," 
under Judicial Department. 

Auditor. — Term, four years. Eligible but eight years 
in any twelve. He is clerk of the Board of County Com- 
missioners, makes out the tax duplicate for the treasurer, 
has charge of the public school fund of the county, records 
transfers of real estate, furnishes poll-books and elec- 
4 



50 INDIANA AND THE NATION. 

tion-blanks to Election Boards, reports to the Auditor 
of State the number of male inhabitants of the county 
over twenty-one years old, and makes a statistical report 
to the State Bureau of Statistics. 

Recorder. — Term, four years. Eligible but eight years 
in any period of twelve. He keeps the records of deeds, 
mortgages, indentures, articles of incorporation, town 
plats, maps, etc. 

Treasurer. — Term, two years. Eligible but four years 
in any period of six. He receives and has charge of all 
county funds, and pays out the same on the Auditor's 
order. He must settle annually with the County Com- 
missioners and with the Auditor. State taxes are col- 
lected through the County Treasurer, and twice each year 
he pays to the State Treasurer the money due the State 
from his county. 

Sheriff. — Term, two years. He is eligible but four 
years in any six. He is the executive officer of the Cir- 
cuit Court, and if superior or criminal courts are held in 
his county he serves them also. He has charge of the 
county jail, and is responsible for the safe keeping of 
prisoners held by him. He publishes the clerk's notices 
of elections, and is the peace officer of the county. In 
cases when the Sheriff is interested, or is unable from any 
cause to serve, it is the duty of the Coroner to act in his 
place until the disability is removed or a Sheriff is 
elected. If the Sheriff is to be arrested, the Coroner 
serves the warrant, and while the Sheriff is confined in 
jail, the Coroner has charge of the jail and its prisoners. 

Coroner. — Term, two years. His duty is to hold 
inquests upon the dead bodies of persons supposed 



ADMINISTRATIVE. 5 1 

to have died by violence or in any unnatural manner. 
His verdict is filed with the Clerk of the Circuit Court, 
and is published in a newspaper. 

Surveyor. — Term, two years. His duty is to make 
surveys, and to establish lines and corners for persons 
owning land in the county who may call upon him for 
such service. His surveys must be recorded in a book 
kept for the purpose. 

County Commissioners. — Each county is divided into 
three districts, in each of which a commissioner is 
elected by vote of the entire county. The term of office 
is three years, but so arranged that only one commis- 
sioner takes his place each year. Their duties are legis- 
lative and executive, or administrative, and may be 
judicial. They provide for the care of the poor of the 
county, fix the rates of taxation, and make appropria- 
tions of money from the county treasury. They have 
general charge of county roads and bridges, have the 
care of all county buildings, and keep them in repair or 
build new ones. They fix the bond of the Clerk of the 
Circuit Court, and make settlement annually with the 
County Treasurer. They may appoint, under certain 
conditions, justices of the peace, and may dismiss a 
County Superintendent for cause. In case of a con- 
tested election for county or township officers, they 
may sit as a court to try the case. They are, ex officio, 
the County Board of Health. 

Assessor. — Term, four years, and not eligible for reelec- 
tion more than once in any term of eight years. He is 
supervisor of the work of township assessors, and may 
list and assess any omitted property, which, by examina- 



52 INDIANA AND THE NATION. 

tion of any of the county records, he may discover that 
ought to be assessed. The Assessor, Auditor, and Treas- 
urer constitute a County Board of Review, or Equaliza- 
tion. 

Elected by the Township Trustees. 

County Superintendent of Schools. — Term, two years, 
with no time limit as to reeligibility. He is charged 
with the supervision of the common schools of the 
county. He examines and licenses teachers, and may 
revoke a license for cause. He visits all public schools 
of the county at least once a year, holds and conducts 
the county institute, attends each township institute at 
least once a year, and hears cases of a general nature 
arising under the school law in his county ; but appeals 
may be taken from his decision to the State Superin- 
tendent. It is his duty to grade the county schools, and 
he may arrange a course of study. He receives annu- 
ally from trustees of townships, towns, and cities, an 
enumeration of the children of school age (between six 
and twenty -one years), and sends this enumeration, and 
other school statistics, to the State Superintendent of 
Public Instruction, and to the Chief of Bureau of Statis- 
tics. He presides at all meetings of the County Board of 
Education, except when it sits for the election of County 
Superintendent, at which time the County Auditor, in 
whose office they meet for the purpose, serves as Clerk 
and gives the casting vote in case of a tie. He is the 
instrument for carrying out in the county the orders of 
the State Board of Education and the State Superin- 
tendent. 



ADMINISTRATIVE. ^ 

Qualifications. — All county officers must be voters in 
their respective counties, and must have resided in the 
county one year immediately preceding election. 

QUESTIONS ON COUNTY OFFICERS. 

1. Name the county officers who are elected by the 
voters. 

2. Name those whose eligibility is limited. State the 
limitations. 

3. What are the duties of the Auditor? 

4. What are the duties of the Recorder? 

5. What are the duties of the Treasurer? 

6. What are the duties of the Sheriff? 

7. What are the duties of the Coroner? 

8. What are the duties of the Surveyor? 

9. Term of County Commissioners? How elected? 
What are the arrangements for taking their places ? 

10. What classes of duties do the Commissioners per- 
form?" 

11. Name the legislative duties of the Commissioners. 

12. Name their executive duties. 

13. Name their judicial duties. 

14. What are the duties of the Assessor? 

15. Who compose the Countv Board of Equalization? 
What is meant bv this? 

16. Term of the Countv Superintendent of Schools? 
How many terms may he serve? 

17. What are the duties of the Countv Superintendent? 
How is he chosen? 

18. What are the qualifications required of countv 
officers? 



54 INDIANA AND THE NATION. 

SUGGESTIVE TOPICS. 

1. What reasons can you give why the County Com- 
missioners have duties in all three of the departments of 
government? 

2. Give all the reasons you can why the County Super- 
intendent of Schools should be elected by the voters. 

3. Give all the reasons you can why his election should 
remain as it is., 

4. Would it be wise to have also a Township Superin- 
tendent of Schools? 

5. Can persons over twenty-one years of age attend 
the public schools? If so, under what conditions? 

6. County Board of Education (see p. 80). 

7. How many members has it in your county? 

8. Find out who fills each of the county offices at this 
time in your county, and make a list of their names. 

9. What provisions are there for securing honesty and 
accuracy in the work of the County Treasurer? 

10. If a new court house should be needed in your 
county, who would let the contract for building it? 

TOPIC FOR DISCUSSION. 

Resolved, That County Commissioners should not have 
authority to expend more than fifty thousand dollars for 
any one purpose without consent of a majority of the tax- 
payers of the county. 

TOWNSHIP OFFICERS. 

Township Trustee. — Elected by the voters of the town- 
ship for four years, and is ineligible but four years 
in any eight. It is his duty to have charge of the poor 
of his township, to be inspector of all general and town- 



ADMINISTRATIVE. 5 5 

ship elections, to furnish ballot-boxes to Election Boards, 
and to furnish said Boards with meals. He is charged 
with the care of school houses and other school property, 
is responsible for furnishing suitable school supplies, and 
employs teachers for the schools of the township. He 
levies taxes for school purposes, enumerates the children 
of school age in the township, and reports to the County 
Superintendent. He has general charge of the roads 
and biidges, appoints Road Supervisors, and directs them 
and School Directors in the performance of their duties. 

Township Assessor. — Elected for four years, and is 
not eligible two terms in succession. It is his duty to 
list and assess all property, both real and personal, that 
is subject to taxation. The list of property, and its valu- 
ation when completed, must be returned to the County 
Auditor. 

Note. — All public propertv of the United States, of 
this State, and of any county, city, town, or township ; 
and all property used for educational, scientific, literary, 
charitable, or religious purposes, is exempt from taxa- 
tion. 

Justice of the Peace. — See Art. VII., Judicial Depart- 
ment. 

Constable. — See as above. 

Road Supervisors. — Townships are divided into road 
districts, and one supervisor for each is appointed by the 
Township Trustee. Term, four years. They execute 
the orders of the Township Trustee as to roads and 
bridges. 

School Directors. — Townships are divided also into 
school districts, and one director is elected for each. 



56 INDIANA AND THE NATION. 

The School Directors have the care of the school pro- 
perty in their respective districts, and execute the 
orders of the Township Trustee with reference to the same. 

Time of Election. — All township officers are elected at 
the time of the general election on the first Tuesday after 
the first Monday in November (1894, 1898, etc.) But 
the names of candidates for township offices are printed 
on separate, yellow ballots, and deposited in separate 
ballot boxes, also yellow. 

Removals. — All State, county, and township officers 
may be impeached or removed according to law. 

Vacancies in county and township offices are filled as 
provided by law. 

TOWNS AND CITIES. 

The complicated relations under which men live in 
crowded communities*, demand a more elaborate system 
of government than is required for the county or the 
township. To meet such needs the General Assembly 
of the State has provided by law for the establishment 
of appropriate governments for towns and cities. When 
the population of a given area becomes too dense to be 
conveniently governed by laws which are sufficient for a 
scattered country neighborhood, the people may, under 
a general law of the State, incorporate themselves for 
the purpose of organizing a town government. 

Tozvn Government. 
Incorporation. — The first step toward the incorpora- 
tion of a town, is to have a surveyor trace the boundary 
lines of the proposed town, and draw an accurate plat, 
or map, of it. The voters living within the boundaries 



ADMINISTRATIVE. 57 

surveyed, then hold an election to determ ne whether or 
not they will assume the new form of government. If 
they decide this question in the affirmative, the town 
plat is recorded in the County Recorder's office, and 
papers are filed with the proper county and state officers, 
which completes the legal steps in the process of incor- 
poration. 

Organization. — The next step is to organize the town 
government. An election is held for the choice of offi- 
cers. The territory of the town having been divided into 
a number of districts, — which cannot be less than three, 
nor more than seven, — one representative is chosen from 
each district, but is elected by the voters of the town at 
large. These representatives constitute the Board of 
Trustees of the town, and are its legislative body. Their 
term of office is two years, but they are so classified that 
as nearly as possible one-half the number shall retire annu- 
ally. The other officers elected by the town are a Clerk, 
a Treasurer, and a Marshal. The term of these officers 
is one year. The Clerk keeps the records of the meet- 
ings of the Board of Trustees, publishes the town ordi- 
nances, gives notices of elections, etc. The Treasurer 
has charge of the funds belonging to the town, and pays 
out the same by order of the Trustees. He is required 
to make an annual report to the Trustees, and to publish 
his report in the town. The duty of the Marshal is to 
see that the laws passed by the Trustees are enforced in 
the town. The Board of Trustees elect a School Board 
of three members, whose duty it is to have charge of 
the educational interests of the town. Their term is 
three years, one retiring annually. 



58 INDIANA AND THE NATION. 

A town has no judicial department, but violations of 
its ordinances are tried in a Justice's Court. 

Town Elections are held annually on the first Monday 
in May, and must conform to the general election laws 
of the State. 

City Government. 

When the population of a town has reached two thou- 
sand or more, the people may assume the still more com- 
plex form of city government, with a Mayor, a City 
Court, a Police Force, and other officers not required 
by a town. Cities are provided with departments for the 
performance of all the functions of government — legisla- 
tive, executive and judicial. The provisions for the gov- 
ernment of cities having a population less than thirty- 
five thousand are as follows : 

Legislative. — The legislative power of a city govern- 
ment is vested in a Common Council. The city is like 
a little state ; it is divided into representative districts 
called wards, in each of which the resident voters elect 
two members, who also reside in the ward, to represent 
them in the Council. The term of Councilmen is four 
years, but so arranged that one from each ward retires 
from office every two years. From this it will be seen, 
biennial elections for Councilmen must be held. 

The City Council has power to pass laws, called ordi- 
nances, pertaining to the finances of the city, to the care 
and improvement of streets and public buildings, to the 
public health, and to the safety of the people and their 
property, and in cities with a population of less than ten 
thousand they provide for the appointment and organiza- 
tion of the police force. 



ADMINISTRATIVE. 59 

The regular meetings of the Council must be held not 
less frequently than once each month, though special 
meetings may be called at any time. The Mayor is the 
presiding officer of the Council. 

Executive and Administrative. — The chief executive 
officer is the Mayor. There are also a City Clerk, a 
Treasurer, a Marshal, and if the Council so orders, a City 
Auditor. These, including the Mayor, are elected by 
the voters of the city. Besides these there are a Civil 
Engineer, a Street Commissioner, a Chief of Fire Depart- 
ment, and a Health Officer, who are appointed by the 
Council, and are subject to removal at its pleasure. 

The term of all officers is four years. 

Judicial. — In small cities the Mayor serves as Judge 
of the City Court, commonly called the Police Court. If 
the Council deem it expedient, a City Attorney and a 
City Judge will be elected by the voters of the city, in 
which case the City Judge will hold the City Court. 
The City Attorney prosecutes and defends actions on 
behalf of the city, and is the legal adviser of the Council 
and the city officers. The Marshal is the executive offi- 
cer of the City Court, as the Constable is of the Justice's 
Court. 

Larger Cities. 

The General Asssembly has passed acts classifying 
cities with a population above thirty-five thousand into 
three classes ; first, those having a population greater than 
one hundred thousand ; second, those having more than 
fifty thousand and less than one hundred thousand ; and 
third, those having more than thirty-five thousand and 
less than forty-nine thousand. 



60 INDIANA AND THE NATION. 

The government provided for these cities is much 
more complex than that of the smaller ones. The num- 
ber of officers elected by the people is less, and of those 
chosen by the Council or appointed by the Mayor is 
greater. The administrative departments are more nu- 
merous, and are nearly the same in the three classes. 
They are the departments of Finance, Law, Public Works, 
Public Safety, Collection (or Assesssment and Collec- 
tion), Public Health and Charities, and Water Works. 
The heads of these departments are all appointed by the 
Mayor, but the departments are subject to investigation, 
and their heads to impeachment by the Council. 

In these cities only one Councilman is elected from 
each ward, but others are elected for the city at large by 
the voters of the entire city. In all these larger cities 
the Council chooses one of its own members to be presi- 
dent, and also one for president pro tern. 

All ordinances passed by the Council must be pre- 
sented to the Mayor for his approval or disapproval. If 
he approves, he signs ; but, if he disapproves, he must, 
within ten days, return the ordinance with his objections 
— that is, his veto — in writing, to the City Clerk. If the 
Council now passes the ordinance again by a two-thirds 
vote, it becomes a law of the city notwithstanding the 
Mayor's veto. 

Metropolitan Police. — In all cities of ten thousand 
inhabitants or more, there is a Board of Metropolitan 
Police, consisting of three commissioners, appointed by 
the Governor of the State. The law requires that they 
be men of "good moral character, sober and discreet," 
who are citizens of the State, and who have resided in 



ADMINISTRATIVE. 6 1 

the city at least five years next preceding their appoint- 
ment. No more than two of them shall be of the same 
political party. Their term of office is three years, one 
retiring annually, but they are subject to removal by the 
Governor. It is the duty of these commissioners to 
appoint and supervise the police force of the city. They 
have power to remove policemen, but no appointment or 
removal shall be made for political reasons, or for any 
other reason than fitness or unfitness for the service. 

City Elections. — In cities of one hundred thousand 
people the city election is held on the second Tuesday 
in October of the odd numbeied years. In cities of from 
fifty to one hundred thousand, the election is held on the 
first Mondav in April of the odd numbered years. In 
all other cities election day is the first Tuesday in May 
of the even numbered years. 

The Problem of City Government. 

The rapid growth of cities is one of the marvels of our 
time. Within the memory of men and women now living 
in Indiana, there was no City of Indianapolis; and yet it has 
to-day more than one hundred thousand people. Other 
towns and cities of the State are making rapid growth. 
The number of people in towns and cities now is much 
greater in proportion to the number in the country, than 
ever before. While city life has many advantages, it has 
also disadvantages and dangers. The great increase of 
wealth and population in the cities makes necessarv the 
expenditure of large sums of money by the city govern- 
ments. This fact leads dishonest and designing men to 
seek offices in the cities, that will enable them in various 



62 INDIANA AND THE NATION. 

ways to plunder the public treasury. Such men, instead 
of enforcing the laws against the vicious classes, especi- 
ally such as are able to bribe them, accept a share of their 
money, and let them go free, thus becoming secretly 
law breakers themselves. Because of the dishonesty 
and incompetency of some city officials the expenses of 
the city government are largely increased, and great city 
debts are heaped up for which the people must be taxed. 
This evil tendency in the great cities, and in some 
smaller ones, reveals a serious problem in city govern- 
ment. Indiana cities are not worse governed than those 
of other States, in fact Indianapolis is said to be one of 
the best governed cities of its size in the United States. 
Everywhere, however, the problem exists, and grows 
more difficult. Everywhere State legislatures are trying 
to solve it by enacting laws. The acts of our own legisla- 
ture in 1893, devoted to the government of cities, com- 
prise more than one-third of the entire volume contain- 
ing the laws of that session. The belief seems to prevail 
that all the evils of society, moral, industrial and political, 
are to be cured by legislation. If the laws enacted are 
adapted to the real needs of the people, they are good so 
far as they go. But laws, however good, do not enforce 
themselves, and if the people elect men to office whom 
they would not entrust with their own private business, 
public affairs will be badly managed, no matter how good 
the laws may be. The two chief reasons why such men 
are so often elected, are, first, that so many of the most 
intelligent citizens selfishly neglect their political duties, 
and hence the selection of candidates is left to a less in- 
telligent and more unscrupulous class, who make their 



ADMINISTRATIVE. 63 

choices with the expectation of favors to be received 
after the candidate is elected. The candidate is thus 
placed under obligations, not to the best, but sometimes 
to the worst elements of society. Second, party politics 
is carried into local government, and the real interests 
of the city are hidden from view by campaign cries that 
belong only to a national election. The members of 
each party are made to believe that the safety of the 
city depends wholly upon the defeat of the opposite 
party. Good men of all parties are thus prevented from 
combining to defeat bad candidates, and to elect suitable 
ones. The* result is, that no matter which party wins, a 
majority of those elected are far from being the best 
men for the offices to be filled, and they have often been 
elected by methods that will not bear honest investiga- 
tion. 

Before we can have such legislation as we need, men 
must be chosen to make the laws, whether in the Gen- 
eral Assembly or in the City Council, who have at least 
these three essential qualifications : 

1. They must have a clear knowledge of the princi- 
ples of good government. 

2. They must have intelligent convictions as to the 
needs of the communities for which they legislate. 

3. They must be absolutely honest and immovably 
firm in devising and enacting appropriate laws. 

Again, before we can have the laws of such law-mak- 
ers properly applied and administered, we must have 
officials who combine three essential requisites : 

I. A clear knowledge of the laws, and of the proper 
manner of applying and administering them. 



64 INDIANA AND THE NATION. 

2. A hearty recognition of the fact that public office 
is a public trust, and not an opportunity for personal gain. 

3. Incorruptible honesty and unflinching courage in 
the performance of every official duty however large or 
small. 

But before we can have such law-makers and public 
officers as these, the people who elect them must possess 
certain qualifications : 

1. They must have a high and intelligent ideal of gov- 
ernment, and of official integrity and qualifications. 

2. They must select public servants with reference to 
fitness for honest and efficient public service, and not 
with reference to personal or party prejudices. 

3. They must be willing to make the necessary sacri- 
fice of personal ease, and of time from their business, to 
secure the nomination and election of reliable and com- 
petent men. 

Even the less intelligent class of tax-payers w r ould not 
willingly vote for men if they were sure that such men 
in office would make living more expensive, and life and 
property more insecure, but the more intelligent class, 
too often by their carelessness, permit the ignorant but 
well disposed to fall under the leadership of designing 
men. Nobody is so much to blame for the corrupt gov- 
ernment of cities as the intelligent people who know, 
but who neglect their duties as citizens. 

If every boy and girl in Indiana will carefully study the 
privileges and duties of citizenship, and prepare to claim 
and exercise these privileges, and to faithfully perform 
the duties — if they will take a patriotic pride in securing, 
at the least expense, in country, town, or city, the most 



ADMINISTRATIVE. 65 

efficient government possible — the best roads, streets, 
and sidewalks ; the best schools, and libraries ; the best 
public parks, and places of wholesome amusement; and 
the removal of all vicious and degrading institutions, the 
next generation will find these problems of government 
largely settled. 

QUESTIONS ON TOWNSHIPS, CITIES, AND TOWNS. 

1. Name the different officers of the township. 

2. How is each chosen, and for what term? 

3. What are the duties of the Township Trustee? 

4. What are the duties of Township Assessor ? 

5. What property is exempt from taxation ? 

6. What are the duties of Justices of the Peace ? 

7. What are the duties of Constables ? Extent of 
their jurisdiction ? 

8. What are the duties of Road Supervisors, and of 
School Directors ? 

9. What provision is made for removing State, county, 
and township officers, and for filling vacancies ? 

10. Why should there be special provisions made for 
the government of cities and towns ? 

11. What are the different departments of city and 
town government ? 

12. Of what does the legislative department of a city 
government consist ? 

13. What are the powers of the City Council ? 

14. Name the executive officers of a city government. 

15. How are these officers chosen, and for what term ? 

16. Name the judicial officers of a city. 

17. How are they chosen, and for what term ? 
5 



66 INDIANA AND THE NATION. 

1 8. What is the relation of the City Marshal to the 
City Court ? 

19. Tell what you can about city elections. 

20. Compare the government of a town with that of a 
city. 

21. What is the legislative body of a town govern- 
ment ? How chosen ? Term ? 

22. Name the executive officers of a town ? How 
chosen ? Term ? 

23. What provision is made for the judicial business 
of a town ? 

24. When and how often are town elections held? 

25. Under what conditions may a town become a city? 

SUGGESTIVE TOPICS. 

1. What is the difference between a civil and a con- 
gressional township ? 

2. Why are Road Supervisors and School Directors 
classed as township officers ? 

3. What can you say of the importance of the office 
of Township Trustee ? What kind of man should be 
chosen to the office ? 

4. Is the county court house, or the district school 
house and furniture taxed ? Why ? 

5. Why should private property, used for educational, 
literary, scientific or charitable purposes be exempt from 
taxation ? 

6. Can you point out any such property in your 
county ? 

7. How many road districts in your township? How 
many school districts ? 



ADMINISTRATIVE. 67 

8. Make a list of the names of the persons who fill 
the different offices of your township. 

9. Would it be better for the Governor or the State 
Legislature to appoint the officers for our county and 
township governments, than for the people to elect them 
as they do ? Why ? 

10. How are candidates for the various offices 
selected ? 

11. Why is it that inferior men are sometimes selected 
as candidates ? 

12. Find out the special duties of city officers. (Get 
for your school library, a copy of the Laws and Ordin- 
ances of some neighboring city). 

13. What advantages does a town gain by becoming 
a city ? Are there any disadvantages ? 

14. Give the classification of cities according to their 
population. 

15. Name the cities of the two classes containing the 
largest population. 

16. Point out the likenesses between the government 
of a city and that of the State. 

TOPIC FOR DISCUSSION. 

Resolved, That all church property should be taxed. 
Or, 

Resolved, That no church property should be taxed. 



CHAPTER VIII. 

ARTICLE VII* JUDICIAL DEPARTMENT. 

Power where Vested. — The judicial power of the State 
is vested by the Constitution in a Supreme Court, in Cir- 
cuit Courts, and in such other courts as the General 
Assembly may establish. 

Under this authority the Assembly has established 
Superior and Criminal Courts in certain counties, a Court 
of Claims and an Appellate Court for the State at large. 

Supreme Court. 

Number of Judges, five. 

Term of Service, six years. 

Election. — The State is divided into five districts, from 
each of which one judge is chosen. They are elected, 
however, by the voters of the entire State. 

Chief Justice. — At each term the court elects one of 
its own members to serve as Chief or Presiding Justice, 
but no judge can preside two terms in succession, nor a 
second term until all the other judges have served. 

Duties. — To interpret the Constitution and laws of the 
State, to direct the action of inferior courts, and to de- 
cide on appeals from the lower courts. 

Decisions. — Its decisions must be in writing, and are 
final unless the case involves some phase of United States 
law, in which case an appeal may be made to a United 
States Court. 

68 



JUDICIAL DEPARTMENT. 6q 

Meetings. — Two meetings or terms are held each year, 
at the State Capital, beginning in May and November, 
and continuing thirty days, or longer if business 
requires. 

Quorum. — Any three members constitute a quorum. 

Officers. — The officers of the Supreme Court are a 
Clerk, a Sheriff, and a Reporter. 

Clerk. — Elected by the voters of the state for a term 
of four years. He keeps the records and issues all writs 
of the court. 

Sheriff. — Appointed by the court for two years. He 
preserves order in the court-room, serves all writs, and 
executes all orders of the court. 

Reporter. — Elected by the voters of the State for four 
years. He collects and has printed all decisions of the 

court. 

Appellate Coicrt. 

Origin. — The business of the Supreme Court has so 
increased that some measure of relief has become neces- 
sary. In 1 89 1 the General Assembly provided for an 
Appellate Court with five judges chosen in the same 
manner, and from the same districts as the judges of the 
Supreme Court. 

Jurisdiction. — It has exclusive jurisdiction of all ap- 
peals from the Circuit, Superior, and Criminal Courts in 
cases of misdemeanor ; in cases appealed from the 
Justices' Courts where the amount in controversy exceeds 
fifty dollars, and in cases for the recovery of money 
where the amount does not exceed thirty -five hundred 
dollars. In all these, and a few other cases, the decision 
of this court is final. 



JO INDIANA AND THE NATION. 

Term of Service. — The first judges were appointed by 
the Governor to serve until the first day of January, 1893. 
Those elected to succeed these hold for a term of four 
years. 

Period of Existence. — The period of existence of the 
Appellate Court, as determined by the act creating it, is 
six years from the first day of March, 1 891, and no 
longer, at the close of which time the Supreme Court is 
to assume jurisdiction in all cases assigned to the Appel- 
late Court. 

Officers. — The Clerk and Sheriff of the Supreme Court 
are Clerk and Sheriff of the Appellate Court. 

Note. — In 1893 the jurisdiction of this court was 
somewhat increased ; at the same time it was denied 
jurisdiction in cases involving the constitutionality of a 
State or Federal law or the validity of a town or city 
ordinance, also in suits in equity, and cases in which titles 
to real estate are at issue. (See Acts of 1893, pp. 29-31) 

Circuit Courts. 

Judges and Jurisdiction. — The Constitution provides 
that the Circuit Courts shall consist of one judge each, 
and shall have such civil and criminal jurisdiction as may 
be prescribed bv law. 

Number of Circuits. — The ninety-two counties of the 
state have been grouped by the General Assembly into 
a number of circuits, which may be increased or decreased, 
and in each of which a judge is elected for a term of six 
years. At present the number of circuits is fifty-six. 
The Circuit Judge holds court in each county of his 
circuit. 



JUDICIAL DEPARTMENT. 7 1 

Jurisdiction. — With some exceptions, the Circuit Court 
has original jurisdiction in cases at law and in equity, in 
criminal and divorce cases, and in the settlement of de- 
cedents' estates and of guardianships. It has also appel- 
late jurisdiction in cases beginning in the Justices' Courts, 
and exclusive jurisdiction in cases not assigned by law 
to some other court, officer, or board. 

Meetings. — The times of holding these courts are de- 
termined by law, and vary with the amount of business 
to be done. Extra sessions may be held. 

Officers. — The County Clerk and the County Sheriff 
perform in the Circuit Court the same duties as are per- 
formed by the like officers in the Supreme Court. 

Superior Courts. 

Where Established. — Courts of this class have been 
established in the counties of Allen, Marion, Tippecanoe, 
Vanderburg, and Vigo. 

Judges, how Chosen. — Elected by the voters of their 
respective counties. 

Number of Judges. — One for each court, except that 
of Marion County, which has three. 

Term of Office. — Four years, unless removed for mis- 
behavior. 

Officers. — Same as for the Circuit Court. 

Jurisdiction. — This court has original concurrent juris- 
diction with the Circuit Court in nearly all civil cases, 
and concurrent jurisdiction with the Circuit Court in 
cases of appeal from the lower courts. 

Sessions. — A session, or term, begins on the first Mon- 
day of each month, except July and August. 



72 INDIANA AND THE NATION. 

Crimi?ial Court. 

Where Established. — There has been established in 
Marion County a Criminal Court with one judge, having 
original exclusive jurisdiction in all criminal cases within 
the county, except such as have been by law placed under 
the jurisdiction of justices of the peace. 

Judges, how Chosen. — Elected by the voters of the 
county. 

Term. — Four years, unless sooner removed for mis- 
behavior. 

Officers. — Same as in the Circuit Courts. 

Prosecuting Attorney. — In each judicial circuit, a State 
Prosecuting Attorney is elected by the voters of the circuit. 

Term. — Two years. 

Duties. — He conducts for the state all prosecutions of 
criminal cases in the various courts of his circuit, and 
acts as attorney fcr the counties of his circuit in all cases 
in which they may have a part. 

Court of Claims, 

The Marion Superior Court has been constituted a 
Court of Claims in which persons having claims against 
the State may bring suit for the recovery of the same. 
(Act of 1889). 

Juries. 

Of these there are two kinds, the Grand Jury and the 
Petit Jury. 

How Chosen. — See The American Citizen, p. 88 ; also 
sections 1 385—1 396, Revised Statutes of Indiana, 1881. 

Grand Jury. — This jury consists of six men. They 
choose one of their number foreman, and another clerk. 



JUDICIAL DEPARTMENT. /3 

It is their duty to examine the cases of persons accused 
of crime, and, if the evidence is sufficient, to bring indict- 
ments against the accused. They must also inquire into 
the misconduct of county officers and the mismanage- 
ment of county prisons and poorhouses. 

The Petit Jury. — In criminal cases the Petit Jury con- 
sists of twelve men. In civil cases it may consist of any 
number between three and twelve, as may be agreed 
upon. In cases befoie a Justice of the Peace the number 
is six, but with the consent of the parties it may be less 
than that number. It is the duty of this jury to try all 
cases brought before it, and bring in a verdict according 
to the evidence. The verdict of a petit jury must be 
unanimous. (See The American Citizen, pp. 88 and 89) . 

Justices' Courts. 

There shall be elected in each township, by the voters 
thereof, a competent number of Justices of the Peace, 
not exceeding two for each township, and one additional 
for each incorporated town, and one additional for each 
incorporated city in the township. (Acts of 1883, p. 190). 

Term of Office. — Four years. 

Jurisdiction. — The Justice's Court has exclusive origi- 
nal jurisdiction in civil cases in which the amount in 
controversy does not exceed one hundred dollars, and 
jurisdiction concurrent with the Circuit Court when the 
amount does not exceed two hundred dollars. In cer- 
tain minor criminal cases it has exclusive original juris- 
diction, and in others it has concurrent jurisdiction with 
the Circuit Court. It can assess no fine greater than 
twenty-five dollars. 



74 INDIANA AND THE NATION. 

Constables. — As many Constables are chosen in each 
township as there are Justices of the Peace. They are 
elected by the voters of the township for a term of four 
years. The Constable is the executive officer of the Jus- 
tice's Court as the Sheriff is of the Circuit Court. The 
authority of the Constable extends over the entire county, 
unless specially restrained by law. He is the peace offi- 
cer of the township. 

City Courts. — These have been sufficiently explained 
under "City Government. ,% 

Judges Conservators of the Peace. — The Constitution 
provides that all judicial officers shall be conservators of 
the peace in their respective jurisdictions. 

QUESTIONS ON ART. VII. THE JUDICIAL DEPARTMENT 

1. Where is the judicial power of the State vested? 

2. Which of the courts are established by the Consti- 
tution ? Which by the General Assembly ? 

3. How many judges in the Supreme Court? Term of 
service ? 

4. How are judges of the Supreme Court chosen ? 

5. How is the Chief Justice chosen? How long does 
he serve as Chief ? 

6. What are the duties of the Supreme Court ? What 
is said of its decisions ? 

7. How often does it hold a session ? When ? Length 
of session ? 

8. What constitutes a quorum in this court ? 

9. Name the officers of the Supreme Court. 

10. Give the duties of each of these officers. 

11. How is each of these officers chosen? Term of each? 



JUDICIAL DEPARTMENT. 75 

12. State the origin of the Appellate Court. 

13. Extent of its jurisdiction ? 

14. Term of its judges ? 

15. How long is this court to exist ? 

16. Officers of the Appellate Court? 

17. How many Circuit Courts are there? How many 
judges in each ? 

18. What classes of cases come before the Circuit 
Courts ? - 

19. What is said about the times of holding the Cir- 
cuit Court ? 

20. Name the officers of the Circuit Courts. 

21. Where have Superior Courts been established? 

22. Number of judges ? How chosen ? Term ? Offi- 
cers ? 

23. What cases fall under the jurisdiction of the 
Superior Court ? 

24. When does it hold its sessions ? 

25. Where has a Criminal Court been established? 
Number of judges ? Jurisdiction ? 

26. How are the judges of this court chosen ? Term 
of service ? Officers of the court ? 

27. How are Prosecuting Attorneys chosen? Then- 
term ? Their duties ? 

28. How many prosecuting attorneys are there at 
present ? 

29. Name the classes of juries. Number in each ? 

30. What are the duties of the Grand Jury ? 

31. What are the duties of the Petit Jury ? 

32. What is said of the number of Justices of the 
Peace ? How chosen ? Term ? 



j6 INDIANA AND THE NATION. 

33. Jurisdiction of the Justice's Court? 

34. Number of Constables ? How chosen ? Term ? 

35. What are the Constable's duties? Extent of his 
authority ? 

36. Relation of the judges of the various courts to the 
preservation of the peace ? 

SUGGESTIVE TOPICS. 

1. If a judicial circuit consists of two or more coun- 
ties, do the Clerk and Sheriff follow the Judge as he goes 
from one county to another to hold court ? Explain. 

2. Suggest a reason for establishing Superior Courts 
in the six counties named, and not in all. 

3. What is meant by original jurisdiction? 

4. What is meant by concurrent jurisdiction ? 

5. What is meant by original concurrent jurisdic- 
tion ? 

6. What is meant by appellate jurisdiction ? 

7. What is meant by exclusive jurisdiction ? 

(If you cannot find .out answers yourself, ask some 
lawyer). 

8. Why should there be a special Criminal Court in 
Marion County, and not in all the counties of the State ? 

9. What are the duties of the foreman of the Grand 
Jury ? Of the clerk ? 

10. Origin and meaning of the term petit? 

11. If a riot should occur within the jurisdiction of a 
judge, would he be under obligation to quell it ? Why ? 

12. What are the two general classes of cases brought 
before the courts ? 

13. What is the difference between them ? 



JUDICIAL DEPARTMENT. /7 

14. What is the one central purpose for which courts 
are established ? 

15. How are judges of the United States Courts 
chosen ? Why are not the judges of our State Courts 
chosen in a similar way ? 

16. What kind of men ought to be selected for 
judges ? 

17. What reason can you give why we have so many 
classes of courts in this State ? 

TOPIC FOR DISCUSSION. 

Resolved, That judges should be appointed and not 
elected. 



CHAPTER IX. 

ARTICLE VIII. EDUCATION. 

" Knowledge and learning generally diffused through- 
out a community, being essential to the preservation of 
a free government, it shall be the duty of the General 
Assembly to encourage, by all suitable means, moral, 
intellectual, scientific, and agricultural improvement, and 
to provide by law for a general and uniform system of 
common schools, wherein tuition shall be without charge, 
and equally open to all." 

School Fund. — In order to carry out the foregoing, 
the Constitution provides a fund that shall be permanent 
and inviolable, only the interest of which can be 
expended. It consists of the Congressional township 
fund and the lands belonging to it ; the surplus revenue 
fund ; the saline fund, and lands belonging thereto ; the 
bank tax fund, and the fund arising from a provision of 
the charter of the State Bank of Indiana; the fund 
derived from the sale of county seminaries and the prop- 
erty belonging thereto ; fines assessed for breaches of the 
penal laws of the State, and all forfeitures which may 
accrue ; escheats, and lands granted to the State with no 
special purpose expressed in the grant, including the 
swamp lands granted to the state by the act of Congress, 
September 28, 1850; and taxes on the property of cor- 
porations that may be assessed by the General Assembly 
for common school purposes. 

78 



EDUCATION. 79 

The General Assembly has enacted that all license 
fees from retail liquor dealers shall be added annually 
to the tuition revenue of the State. 

The total amount of the permanent school fund of the 
State is about ten million dollars, and the value of public 
school property is about fifteen million dollars. 

The amount arising from the interest of the permanent 
fund and from the license fees is insufficient to educate 
the children of the State, hence taxes are levied on all 
taxable property for tuition purposes. At present the 
State tax for this purpose is thirteen and one-half cents 
on each one hundred dollars, and fifty cents on each tax- 
able poll. The total income from these sources is annu- 
ally apportioned among the counties of the state in pro- 
portion to the number of children of school age. Trustees 
of townships, towns, and cities are authorized to levy an 
additional tuition tax not exceeding twenty-five cents on 
each one hundred dollars of taxable property, and 
twenty-five cents on each taxable poll. This is for the 
use of their own schools. 

School System. — The school system is so organized 
that a child may enter a primary school at the age of 
six years, and pass through all the grades to the high 
school, and from the high school to the State University 
or Purdue University. The Indiana school system is 
said to be one of the best in the United States. 

School Officers. — In order to carry the system into 
effect the following officers are provided : For the State, 
a State Superintendent of Public Instruction, and a State 
Board of Education ; for each county, a County Super- 
intendent ; for each township, one Trustee, and for each 



80 INDIANA AND THE NATION. 

town or city, except Indianapolis, which has a larger 
number, a Board of three Trustees ; and for each school 
district in the townships, one Director. In cities and in 
many towns a Superintendent of Schools is chosen by 
the School Board, but he is not regarded as an officer of 
the State school system, and his salary is paid from 
special local taxes. 

County Board of Education. — The Township Trustees, 
and the Presidents of the School Boards of all incor- 
porated towns and cities in the county, together with 
the County Superintendent, constitute a County Board 
of Education, of which the County Superintendent is the 
President. 

EDUCATIONAL INSTITUTIONS. 

Common Schools. — These are so distributed that a 
school is convenient to every child in the State. The 
total enrollment in these schools in 1890 was more than 
half a million children, and the number of teachers 
employed for them was more than thirteen thousand. 

State Schools. — The State Normal School, for the 
training of teachers, is at Terre Haute ; Indiana Uni- 
versity, for imparting a liberal education, at Bloom- 
ington ; and Purdue University, for mechanical and 
agricultural training, at Lafayette. 

QUESTIONS ON ART. VIII. EDUCATION. 

I. What reason is given for establishing a system of 
free schools? (For the original of this, see Article III. 
of the compact in the Ordinance of 1787; see also The 
American Citizen, pp. 103-105). 



EDUCATION. 8 1 

2. What provision does the Constitution make for car- 
rying this declaration into effect? 

3. What are the principal sources from which the 
school fund is derived? 

4. What addition to the school fund, not mentioned 
in the Constitution, has the General Assembly made? 

5. What is the total amount of our school fund? 
Value of our school property? 

6. What is said of the organization of our school 
system? 

7. How does it compare with other state systems? 

8. Name the officers whose business it is to carry the 
school system into effect. 

9. How are the common schools distributed? How 
many children attend them? How many teachers 
employed? 

10. Name and locate the special State schools. 

11. What is the special purpose of each? 

SUGGESTIVE TOPICS. 

1. Who was the author of the educational article in 
the Ordinance of 1787? 

2. What was the origin of the Congressional township 
fund? 

3. Locate the " school section " in your township? 

4. What was the origin of the " surplus revenue fund"? 

5. How much of this fund did Indiana get? How 
much did she put into the school fund? How did she 
come to so apply it? (See Scribner's Monthly for 
December, 1877, p. 255, for a most interesting history of 
this matter.) 

6 



82 INDIANA ANE> THE NATION. 

6. Origin and meaning of the term saline? Origin of 
the saline fund? 

7. What is meant by escheats? 

8. Origin of the county seminary fund? 

9. How much income, at 6% interest, will our school 
fund yield? How much for each child in school in 
1890? 

10. Is that enough to pay for their education? How 
else is money obtained for school purposes? 

11. How many public school houses are there in the 
state? (The report of the State Superintendent of Pub- 
lic Instruction will tell you). 

TOPIC FOR DISCUSSION. 

Resolved, That the three State schools for higher and 
special education should be kept separate. Or, 

Resolved, That they should be combined into one 
university. 



CHAPTER X. 

ARTICLE IX. STATE INSTITUTIONS. 

Charitable and Penal. 

This article makes it the duty of the General Assem- 
bly to provide by law institutions for the care of the un- 
fortunate classes. 

Deaf and Dumb. — A school for the education of the 
deaf and dumb has been established at Indianapolis. 

Blind. — An institute for the education and training of 
the blind is also at Indianapolis. 

Insane. — There are four hospitals for the care and 
treatment of the insane. They are designated and lo- 
cated as follows : The Central, at Indianapolis ; the 
Southern, at Evansville ; the Northern, at Logansport ; 
and the Eastern, at Richmond. 

Juvenile Offenders. — The reform school for boys is at 
Plainfield, and that for girls is at Indianapolis. In these 
schools, religious, moral, and industrial training is given. 

Orphans. — A Soldiers' and Sailors' Orphans' Home 
has been established at Knightstown by the General As- 
sembly ; and under authority given by law, county boards 
have established a number of County Orphans' Homes. 
Under the general incorporation law of the State, any 
society for saving destitute children may establish 
Orphans' Homes or Homes for Destitute Children. 

Feeble - Minded Youth. — A school and home for this 
class is located at Fort Wayne. 

83 



84 INDIANA AND THE NATION. 

Aged and Infirm Poor. — Authority is conferred by the 
Constitution upon county boards to provide farms as 
asylums for such as have claims upon the sympath)' and 
aid of society. Our u poor farms," or " county asylums, " 
are outgrowths of this provision. 

Penal Institutions. — Of these there are three for the 
State at large ; The State Prison South, at Jefferson- 
ville ; the State Prison North, at Michigan City ; and the 
Women's Prison at Indianapolis, in connection with the 
Reform School for Girls, and under the same manage- 
ment, the board of managers being women. 

County Jail. — In each county is a prison provided for 
the confinement of convicted criminals and persons 
awaiting trial. 

Note. — The penal institutions are not mentioned in 
the Constitution. They are provided for by the General 
Assembly. 

QUFSTIONS ON ARTICLE IX. STATE INSTITUTIONS. 

1. What is the duty of the Legislature toward the un- 
fortunate classes ? (See American Citizen, pp. 263 and 
272, for a discussion of how to treat crime and the 
poor). 

2. How has it performed that duty ? 

3. Locate the institutions for the deaf and dumb, the 
blind, and the insane. 

4. Where are the reform schools for juvenile offend- 
ers ? What is taught in these schools ? 

5. Locate the Soldiers' and Sailors' Orphans' Home. 
Is this a school as well as a home ? 

6. What provision is made for other orphans ? 



STATE INSTITUTIONS. 85 

7. Locate the institution for feeble-minded youth. 
What are its purposes ? 

8. How are the aged and infirm poor provided for ? 

9. Locate the penal institutions of the State. 

10. What is the difference between the State prisons, 
and those of the counties ? 

11. What " county board" is it that provides the 
county " poor farm " ? 

12. What motive should actuate the State in the 
punishment of criminals ? (See Sec. 18, Art. I., Bill of 
Rights, p. 117). 

SUGGESTIVE TOPICS. 

1. Was there as much care taken of the unfortunate 
classes in ancient times as there is now ? How do you 
account for the difference ? 

2. What relation exists between deafness and dumb- 
ness ? Can the dumb be taught to speak ? 

3. What are the most important causes of insanity ? 
Is it increasing or decreasing ? 

4. What are the chief purposes of the reform schools ? 

5. Why establish a special school for feeble-minded 
children instead of sending them to the common 
schools ? 

6. Why are there fewer women than men who are 
criminals ? 

7. Is there any relation between ignorance and crime? 

8. Is there any relation between poverty and crime ? 

9. What can the State do to prevent crime ? 

10. What is the chief cause of the poverty in your 
county ? 



86 INDIANA AND THE NATION. 

II. How may children be trained to such habits of 
economy and thrift as will save them from pauperism ? 
(On topics 7- 1 1, see American Citizen, Chaps. 38 
and 39). 

TOPIC FOR. DISCUSSION. 

Resolved, That a "school savings bank" should be 
established in eagh township of the State. (See Ind. 
School Journal for April, 1891). 



CHAPTER XI. 

ARTICLE X. FINANCE. 

Assessment and Taxation shall be at a uniform and 
equal rate, on all property, both real and personal, except 
such as may be devoted to municipal, educational, liter- 
ary, scientific, religious, or charitable purposes which 
may be specially exempted by law. 

Application of Revenue. — The revenue of the State 
shall be applied : I. To the payment of the expenses of 
the government ; 2. To the payment of the interest on the 
public-debt ; 3 . To the payment of the principal of the debt. 

Appropriations. — No money shall be drawn from the 
treasury but in pursuance of appropriations made by 
law ; and an accurate statement of receipts and expendi- 
tures shall be published with the laws of each regular 
session of the Assembly. 

Indebtedness. — The Assembly is forbidden to create 
by law any debt except to meet deficiencies in the 
revenue, to pay interest on the public debt, or to protect 
the State. No county can go in debt for stock in any 
incorporated company, or loan its credit for any such 
company ; neither shall the General Assembly assume 
the debt of any'countv, township, town, or city, or of any 
corporation whatevei 

QUESTIONS ON ARTICLE X. FINANCE. 

1. How does the State obtain its revenues? 

2. What is the provision concerningthe rate of taxation? 

87 



88 INDIANA AND THE NATION. 

3. What property is exempted from taxation? 

4. Far what purposes does the State collect revenue? 

5. What is necessary before the State Treasurer has 
the right to pay any money out of the public funds? 

6. For whose benefit is the statement of receipts and 
expenditures published? 

7. How often is such statement required? 

8. Who is it that makes the requirement? 

9. For what purposes has the Assembly power to go 
in debt? Is this a wise provision? Why? 

10. What kind of debt are the counties forbidden to 
make? 

11. If a county or town should become involved in 
debt, can the legislature make an appropriation to help 
it out? 

12. What is the reason for this provision? 

SUGGESTIVE TOPICS. 

1. What right has the State to tax the property of its 
citizens? 

2. What does the State give in return for the taxes it 
receives? 

3. Mention some of the legitimate expenses of the 
State. 

4. What is meant by a "poll" tax? 

5. Who pays this kind of tax? How may a man be 
exempted from poll taxes ? 

6. Are the taxes collected by the State direct, or indi- 
rect? 

7. Why permit no payment from the treasury unless 
authorized by a law? 

8. What is meant by a county's loaning its credit? 



FINANCE. 89 

TOPIC FOR DISCUSSION. 

Resolved, That the taxing of both land or other prop- 
erty and the notes or mortgages given to secure payment 
for the same, is an injustice which the Legislature should 
correct. Or, 

Resolved, That taxes should be levied on land alone. 



CHAPTER XII, 

ARTICLE XI. CORPORATIONS. 

Banks. — The Legislature is forbidden to create any 
bank or other institution, for the purpose of issuing 
bills of credit to circulate as money, except under a gen- 
eral banking law, unless it be a bank with branches. 

Security. — If banks shall be organized under a general 
banking law, all of their paper designed to circulate as 
money must be registered and countersigned by an 
officer of State, and ample collateral security shall be 
given for the redemption of such paper money in specie. 
This collateral security shall be under control of the 
proper officers of State. 

Banks with Branches — The Assembly may charter a 
bank with branches. In this case collateral security is 
not required, but the branches shall be mutually respon- 
sible for the redemption of all notes they may issue as 
money. 

Stockholders responsible. — In all banking corporations 
the stockholders shall be individually responsible for an 
amount, over and above their stock, equal to their shares 
of stock, for the debts and liabilities of the bank.. 

Specie payments. — All, bills issued by any bank as 
money shall at all times be redeemable in gold or silver, 
and the Assembly is forbidden to pass any law sanction- 
ing the suspension of specie payments. 

90 



CORPORATIONS. gi 

Preferred Creditors. — In case a bank becomes insolv- 
ent, the holders of its notes shall be preferred creditors. 

Interest. — No bank shall receive, directly or indi- 
rectly, a greater rate of interest than shall be allowed by 
law to individuals loaning money. 

Twenty-years limit. — No bank is permitted to continue 
banking operations longer than twenty years from the 
time of its organization. 

Trust funds. — The Assembly may invest the trust 
funds of the State in a bank with branches, provided 
unquestionable security be given. 

State not a Stockholder. — After the expiration of the 
bank charter, existing at the time of the adoption of 
this constitution, the State is forbidden to become a 
stockholder in any bank or other corporation, or to give 
or loan its credit to any person, corporation or associ- 
ation. 

Note. — In 1863, when Congress established the National 
Banking System, it levied a heavy tax on the paper 
money of all State banks. As the tax was equal to the 
interest they could get on their money, they were com- 
pelled to close up their business. Since that time Con- 
gress has furnished to the whole country a uniform paper 
currency, of equal value in all the States. It has done this 
by issuing United States notes, commonly called " green- 
backs,'' and gold and silver certificates; or by T authoriz- 
ing banks, under the national banking system, to issue 
notes. The notes of the State banks were not of uni- 
form value throughout the country, and in States distant 
from that in which they were issued they were at a great 
discount, often almost worthless, because people feared 



92 INDIANA AND THE NATION 

they would never be redeemed. These State banks 
were often called " wild-cat banks." 

Other Corporations than banks shall be created only 
under general laws, and dues from such corporations 
shall be secured by the individual liability of their mem- 
bers, or by such other means as the Assembly may pre- 
scribe. 

QUESTIONS ON CORPORATIONS. 

1 . Under what conditions does this Constitution author- 
ize the establishment of banks ? 

2. What security is required for the redemption of 
paper in specie ? 

3. What kind of a bank may the Assembly charter by 
special law ? 

4. What kind of security is required in this case ? 

5. To what extent are stockholders liable for the debts 
of the bank ? 

6. How must the bills of a bank be redeemed ? When ? 

7. Who are the preferred creditors of an insolvent 
bank? 

8. What is said about the rate of interest banks may 
charge ? 

9. How long may a bank continue to do business under 
the provisions of this Constitution ? 

10. In what kind of a bank may the State trust funds be 
invested ? On what conditions ? 

11. What was the effect of the national banking system 
upon the State banks ? How did Congress cause the 
State banks to close ? 

12. What is the advantage of the present National 
system of money over the State systems ? 



CORPORATIONS. 93 

13. Why should corporations be organized under a 
general law, instead of under a special law for each ? 

SUGGESTIVE TOPICS. 

1. Can a State issue bills of credit to circulate as 
money? (See Const, of U. S., Art. I., Sec. X). How 
then can it authorize a bank to do so ? 

2. What is meant bv a "bank with branches ?" 

3. What is meant by "specie?' 

4. What is meant by "preferred creditors?" 

5. What is meant by "insolvent?" 

6. What is the legal rate of interest in Indiana ? 

7. Do individuals or banks ever get more than the 
legal rate ? How ? 

8. What is the penalty for such conduct? 

9. After the expiration of the twentv vears term, is 
there any way bv which a bank may continue to do 
business ? 

10. What is meant bv "trust funds?" Give examples. 

11. For what reason is the State forbidden to be a 
stockholder in anv corporation ? 

12. How can vou recognize a "greenback?" A "gold" 
or "silver certificate?" A "national bank note"? 

13. Why were state banks called "wild -cat" banks? 

TOPIC FOR DISCUSSION. 

Resolved, That all money should be issued by the Gen- 
eral Government. 



CHAPTER XIII. 

ARTICLE XII. MILITIA. 

Organization. — The militia consists of all able-bodied 
males between the ages of eighteen and forty-five years, 
except such as may be exempted by National or State 
law, and the organizing, officering, arming, equipping, and 
training is prescribed by law. 

Note. — For the details of legislation on this subject, 
see Revised Statutes of 1881, sections 5356-5453. 

Appointments. — The Governor appoints, the Adjutant- 
General, Quartermaster -General, and Commissary -Gen- 
eral. Subordinate officers are appointed as provided by 

the General Assemblv. 

j 

Commissions. — All militia officers must be commis- 
sioned by the Governor, and may not hold their offices 
longer than six years. 

Classification. — The militia is divided into two classes, 
active and sedentary. 

The active militia consists of those who are enrolled 
members of armed and uniformed companies, duly organ- 
ized and mustered into the service. 

The sedentary militia consists of all citizens subject to 
bear arms, who do not belong to the active militia. 

Exemption. — The Constitution exempts from military 
duty, persons conscientiously opposed to bearing arms, 
but requires them to pay a sum of money, to be fixed by 
law, as an equivalent for exemption. 

94 



MILITIA. 95 

Discipline. — The system of tactics used must be that 
prescribed by the United States. 

Governor's Call. — The Governor has authority to call 
out the militia when it may be necessary to put down a 
riot, suppress insurrection, or repel invasion. 

QUESTIONS ON ART. XII. MILITIA. 

1. Who are subject to be called into the military ser- 
vice of the State ? 

2. Who prescribes the organization, officering, arm- 
ing, equipping, and training of the militia ? 

3. What militia officers are appointed by the Gover- 
nor ? 

4. How are subordinate officers appointed ? Name 
some such officers. 

5. Who commissions the militia officers? Does he 
commission those not appointed by himself? 

6. Name the classes of the militia? Who compose 
each class ? 

7. Name three classes of persons who are exempt 
from military service. 

8. On what condition are the conscientious exempt? 

9. What system of military tactics must be used in 
training the militia ? 

10. Why may not the State adopt a system of tactics 
of its own? (See Const, of U. S., Art. I., Sec. VIII. 
p. 159). 

11. Who has authority to call the militia into service? 
For what purposes ? 



96 INDIANA AND THE NATION. 

SUGGESTIVE TOPICS. 

1. Origin of the term "Militia?" 

2. What is meant by a "commission ?" What is its 
purpose ? 

3. Duties of an adjutant ?" Of a "quartermaster ?" 
Of a "commissary ?" 

4. Origin and meaning of "sedentary ?" 

5. What is meant by "bearing arms?" 

6. Origin and meaning of "exempt?" 

7. Are "conscientious scruples" a good reason for 
exemption from military service ? 

8. What religious denominations hold such scruples ? 
On what ground do they base them ? 

9. Is it consistent to refuse to fight, for conscientious 
reasons, but at the same time to pay a sum to employ 
some one else to do so ? 

10. Origin and meaning of the word "tactics"? 

11. Why does the U. S. Constitution require that the 
State militia shall use U. S. tactics " ? 

TOPIC FOR DISCUSSION. 

Resolved, That no exemption fee should be required 
of those who are conscientiously opposed to bearing arms. 



CHAPTER XIV. 

ARTICLE XIII. DEBTS OF POLITICAL AND MUNICIPAL 
CORPORATIONS. 

Political and municipal corporations within this State 
are forbidden to ever become indebted to any amount 
exceeding two per cent, of the value of their taxable 
property, and all bonds or obligations given in excess of 
that amount shall be void : Provided, That in time of 
war, invasion, or other great public calamity, on petition 
of a majority of the property owners, in number and 
value, the authorities may incur obligations to such an 
amount as may be requested in such petition. 

Note. — This is an amendment to the Constitution, 
adopted March 24, 1881, and inserted in place of the 
original Article XIII. 

The original article will be found in the "Addenda" 
at the end of the Constitution, p. 152. 

QUESTIONS ON ARTICLE XIII. 

1. What limit is placed upon the indebtedness of 
political and municipal corporations ? 

2. How is the value of the taxable property of the 
corporation to be determined? (See Art. XIII., in the 
Const, p. 143, 144). 

3. If a corporation gives its bonds for a greater sum 
than that specified in this article, what is the provision 
as to the value of such bonds ? 

7 97 



98 INDIANA AND THE NATION. 

4. What exception is made to this provision ? 

5. Is the exception a wise one? 

6. What majority is required to make the petition of 
any force ? 

7. Even with such a double majority on the petition, 
are the public authorities bound to comply ? 

SUGGESTIVE TOPICS. 

1. Is there any limit to the debt the State can create ? 
Why this difference between the State and a subordinate 
corporation ? 

2. What is the distinction between a political and a 
municipal corporation ? 

3. Is there more danger that a municipality will create 
debts, than that the State will ? Why ? 

4. Meaning of the term "void"? 

5. If the State should repudiate its debts is there any 
legal way of compelling it to pay? (See Amendment 
XI. to the U. S. Const., p. 171). 

6. What is the meaning of "repudiate"? 

7. Have any of the States ever repudiated their debts ? 
Has Indiana? 

8. Name some State debts that the United States has 
required the States to repudiate? (See Amendment XIV., 
Sec. 4, U. S. Const., p. 173). 

9. Can a county, township, or city be sued for the col- 
lection of debts or damages ? 

10. Mention an example of damage for which a county 
might be sued ? One for which a town or city might be 
sued ? 

TOPIC FOR DISCUSSION. 

Resolved, That a State has no more right than an 
individual to repudiate an honest debt. 



CHAPTER XV. 

ARTICLE XIV. BOUNDARIES. 

Limits. — The Constitution defines the limits of the 
State as follows : It is "bounded on the east by the me- 
ridian line which forms the western boundary of the State 
of Ohio ; on the south by the Ohio River, from the 
mouth of the Great Miami River to the mouth of the 
Wabash River ; on the west, by a line drawn along the 
middle of the Wabash River, from its mouth to a point 
where a due north line, drawn from the town of Vincen- 
nes, would last touch the northwestern shore of said 
Wabash River ; and thence by a due north line, until the 
same shall intersect an east and west line, drawn through 
a point ten miles north of the southern extreme of Lake 
Michigan ; on the north, by said east and west line, until 
the same shall intersect the first-mentioned meridian 
line, which forms the western boundary of the State of 
Ohio. ,, 

Note. — The question as to what part of the Ohio River 
forms the boundary line, has twice been before the U. S. 
Supreme Court, and in both cases it was decided to be 
the low water-mark on the northwest side of the river. 
See 136, U. S. Reports, case of Indiana v. Kentucky, 
May 19, 1890; and Report for 1820, Feb., case of 
Handley's Lessee v. Anthony. 

99 



100 INDIANA AND THE NATION. 

Jurisdiction. — "The State of Indiana shall possess 
jurisdiction and sovereignty coextensive with the bound- 
aries declared in the preceding section ; and shall have 
concurrent jurisdiction in civil and criminal cases, with 
the State of Kentucky on the Ohio River, and with the 
State of Illinois on the Wabash River, so far as said 
rivers form the common boundary between this State and 
said states respectively/' 

QUESTIONS ON ARTICLE XIV. 

1. Trace on a map, and accurately describe the bound- 
aries of Indiana. 

2. What are the limits of the boundary by the Ohio 
River? 

3. What are the limits of the Wabash boundary? 

4. What part of the Wabash River is the boundary? 

5. Locate the northwestern corner of the State. 

6. What else besides territory is limited by these 
boundaries? 

7. What is said of Indiana's jurisdiction on the Ohio 
and Wabash Rivers? 

8. What part of the Ohio River is the southern bound- 
ary of the State, the north shore, the south shore, or the 
middle? 

SUGGESTIVE TOPICS. 

1. From what point in Vincennes was the "due north 
line" drawn? 

2. Why was part of Lake Michigan included in Indi- 
ana? 

3. What marks the geographical centre of the State? 

4. Meaning of the term "coextensive"? 

5. Meaning of the term "sovereignty"? 



BOUNDARIES. IOI 

6. What is meant by Indiana's having concurrent juris- 
diction with Kentucky and Illinois? Suppose a case to 
illustrate. 

7. Did the people of Indiana themselves first fix the 
boundaries of the State? If not, who did? 

TOPIC FOR DISCUSSION. 

Resolved, That the main channel of the Ohio ' River 
should be the boundary between Indiana and Kentucky. 

(For material on this discussion, see the cases in the 
Supreme Court Reports, cited under Art. XIV.) 



CHAPTER XVI. 

ARTICLE XV. MISCELLANEOUS. 

Appointments. — When not otherwise provided for in 
the Constitution, officers shall be chosen as may be pre- 
scribed by law. 

Term. — When the Constitution does not specify the 
length of term of any officer, it may be declared by law ; 
and if not so declared, he shall hold at the pleasure of 
the appointing power. But the General Assembly can 
create no office the tenure of which shall exceed four 
years. 

Holding Over. — Any officer, chosen for a given term, 
shall hold his office for that term, and until his successor 
shall have been elected and qualified. This does not 
apply to members of the Legislature. 

Oath. — Every officer, before entering upon his duties, 
shall take an oath or affirmation to support the Constitu- 
tion of Indiana and of the United States, and also an 
oath of office. 

Seal. — There shall be a seal of State kept by the Gov- 
ernor for official purposes. It must be affixed to all 
commissions issued by the Governor, and to other impor- 
tant papers. 

Commissions. — All commissions to officers are to be 
issued in the name of the State, signed by the Governor, 
sealed by the State seal, and attested by the Secretary of 
State. 



MISCELLANEOUS. 103 

Size of Counties. — No county shall be reduced to less 
than four hundred square miles ; nor shall any county 
under that area be further reduced. 

Lotteries. — No lottery shall be authorized, nor shall 
the sale of lottery tickets be allowed. 

Grounds. — The State House Square and the Gover- 
nor's Circle shall not be sold or leased. It shall be the 
duty of the General Assembly to permanently enclose 
and preserve the Tippecanoe Battle Ground. 

Note. — The name of the Governor's Circle was changed 
by the General Assembly of 1893 to Monument Place. 
It is situated in the centre of Indianapolis, and contains 
the State Soldiers' and Sailors' Monument. Monument 
Place and all of its improvements are under the control 
and care of the State Soldiers' and Sailors' Monument 
Commission. 

QUESTIONS ON ARTICLE XV. 

1. What authority determines the manner of choosing 
officers, if not determined by the Constitution? 

2. What are the provisions concerning length of offi- 
cial terms, if the time is not specified in the Constitu- 
tion? 

3. If the term of an officer expires and no one has 
been chosen to succeed him, how is the business of the 
office provided for ? 

4. What exception is there to this provision . 

5. How many and what things are involved in the 
oath of all officers in the State ? 

6. Who keeps the seal of the State? For what is it used? 

7. What is the provision with regard to official com- 
missions ? 



104 INDIANA AND THE NATION. 

8. What are the provisions concerning the size of coun- 
ties ? 

9. What is said about lotteries and lottery tickets ? 

10. What does the Constitution say about the State 
House Square and the Governor's circle ? The Tippe- 
canoe Battle Ground ? 

SUGGESTIVE TOPICS. 

1. Why provide that an officer shall hold over until 
his successor has been chosen and qualified ? 

2. Why not apply this to members of the Legislature ? 

3. What is meant by an officer's being " qualified"? 
By the "oath of office"? 

4. Describe the seal of the State of Indiana. 

5. Meaning of the term "attest"? 

6. In issuing official communications, who represents 
the State ? 

7. Why put the prohibition of lotteries in the Consti- 
tution instead of leaving the matter to the Legislature ? 

8. Can you name some states that have had trouble 
with lotteries ? 

9. Locate the State House Square. 

10. What occupies the Governor's Circle at present? 

11. When was the name of the Governor's Circle 
changed ? Why was the change made ? 

12. Locate the Tippecanoe Battle Ground. 

13. Has the General Assembly enclosed this ground 
as required by the Constitution ? How ? 

14. Why take so much pains with this ground? 

15. Tell the story of the "Battle of Tippecanoe." 

• TOPIC FOR DISCUSSION. 

Resolved, That all lotteries should be prohibited in all 
the States by constitutional provisions. 



CHAPTER XVII. 

ARTICLE XVI. AMENDMENTS. 

How Proposed. — Any amendment may be proposed in 
either house ; and if agreed to by a majority of both 
houses, it shall, with the yeas and nays thereon, be 
entered on the journals and referred to the next General 
Assembly. If agreed to by both houses of the next 
Assembly, it shall then be submitted to the electors of 
the state. 

How Ratified. — If a majority of the electors of the 
state indorse the amendment by their votes, it then 
becomes part and parcel of the Constitution. 

Two or More Amendments. — When two or more amend- 
ments are, at the same time, submitted to the voters of 
the State, it shall be so done that they can be voted upon 
separately. While any amendment is pending, either 
before the Assembly or the electors, no additional amend- 
ment shall be proposed. 

Amendments have twice been made to this Constitu- 
tion. In 1873, Art. X. was amended by adding a pro- 
vision forbidding the State to ever pay or redeem any 
certificate of stock issued for the completion of the 
Wabash & Erie Canal to Evansville. In 1881 the time 
of the general election was changed from October to 
November ; the word white was stricken out wherever it 
limited the right of suffrage ; the word other was substi- 

105 



106 INDIANA AND THE NATION. 

tuted for inferiors section I of Art. VII.; a provision 
was added to section 22, Art. IV., in relation to fees and 
salaries; and the original Art. XIII. was stricken out, 
and the article relating to debts of political and munici- 
pal corporations was substituted for it. The original 
Art. XIII. forbade any negro or mulatto to enter or set- 
tle in the State after the adoption of the Constitution ; it 
nullified contracts made with such persons ; and subjected 
to fine any one employing or otherwise encouraging such 
persons to remain in the State. 

QUESTIONS ON ARTICLE XVI. AMENDMENTS. 

1. How are amendments to the Constitution pro- 
posed ? 

2. By what steps do they reach the people for their 
action ? 

3. How do the people act upon them ? 

4. What number of votes is required to ratify an 
amendment ? 

5. In case two amendments are proposed at the same 
time, how shall it be done ? 

6. How many times has this Constitution been amend- 
ed ? Date of each ? 

7. What amendment was made at the first date ? 

8. What amendments were made at the second date ? 

SUGGESTIVE TOPICS. 

1. Why submit amendments to the voters of the State ? 

2. Meaning of the term " ratify ?" 

3. Why make provisions for amendments? 

4. Why should no new amendment be proposed while 
one is pending ? 



AMENDMENTS. iOJ 

5. Origin and meaning of the term "pending." 

6. Examine each amendment that has been made, and 
tell what you think of its wisdom. Give your reasons 
in each case. 

7. Do you know of any new amendments that ought 
to be made? Give your reasons for them. 

TOPIC FOR DISCUSSION. 

Resolved, That no more than one amendment to the 
Constitution should be submitted to the people at the 
same time. 



CHAPTER XVIII. 

THE SCHEDULE. 

The framers of the Constitution, in order that no 
inconvenience or confusion should arise in the change 
of the government from the old constitution to the new, 
wisely adopted a number of specific provisions. These 
pertained to the laws already in force, to cases already 
begun in the courts, to contracts of the State, charters of 
corporations already existing, to the time of election 
under the new constitution, to the holding over of 
officers, and to the filling of vacancies. 

It also provided that Article XIII., pertaining to 
negroes and mulattoes, should be voted on by the people 
as a distinct proposition, but that no other article should 
be so voted upon. 

There was a provision that a new county might be 
made by taking not to exceed one-third of the territory 
of each of the counties of Perry and Spencer. It also 
gave the General Assembly authority to alter or amend 
the charter of the town of Clarksville. 

QUESTIONS ON THE SCHEDULE. 

1. What was the general purpose of the schedule? 

2. Name its most important specific purposes. 

3. Did the people vote " yes " or " no " on the thir- 
teenth article? 

108 



THE SCHEDULE. IO9 

4. Was their decision wisely made? Give reasons for 
your answer? 

5. What did the people themselves think of it later? 

6. Locate Perry and Spencer counties. 

7. Was the new county ever made from them ? 

8. Who was president of the convention that framed 
this Constitution ? Who was chief secretary ? 



APPENDICES. 



APPENDIX. 

A. 

SALARIES OF STATE OFFICERS. 

(As enacted by the General Assembly, 1891.) 

Governor . . $ 5000 

Lieutenant-Governor ...... 1000 

and $8 per day as President of the Senate. 

Secretary of State ....... 3500 

Auditor of State ....... 4000 

Treasurer of State ....... 3000 

Attorney General . . . . . . 2500 

and 12 per cent of money recovered to the State. 

Adjutant-General ....... 1200 

State Librarian ........ 1500 

Clerk of the Supreme Court ..... 3000 

Superintendent of Public Instruction .... 2500 

and traveling expenses. 

State Geologist ....... 2000 

Inspector of Mines . . . . . . . 1500 

Inspector of Mineral Oils ..... Fees 

Inspector of Natural Gas ...... 1200 

State Board of Tax Commissioners . . . 2000 

and traveling expenses. 

Chief of Bureau of Statistics . 2000 

Fish Commissioner, expenses and ... 300 

8 113 



U4 



INDIANA AND THE NATION. 



Secretary of Board of State Charities . . . . <| 

Secretary of State Board of Health 

Custodian of Public Buildings ..... 

Judges of Supreme Court ..... 

Law Librarian of the Supreme Court .... 

Sheriff of the Supreme Court ..... 
and fees. 

Judges of the Appellate Court ..... 

Judges of Circuit Courts ..... 2500 to 

Judges of Superior Courts .... 2500 to 

Judges of Criminal Courts ..... 

Prosecuting Attorneys ...... 

and fees. 

Members of the General Assembly, per diem while in 
actual attendance ...... 

and mileage. 

Speaker of House of Representatives, per diem 



&2000 
1200 
1500 
4000 
1500 
500 

35oo 
4000 
4000 
2500 
500 

6 
8 



APPENDIX. 

B. 
CONSTITUTION OF THE STATE OF INDIANA. 



Preamble. 

To the end that justice be established, public order main- 
tained, and liberty perpetuated: We, the people of the State 
of Indiana, grateful to Almighty God for the free exercise of 
the right to choose our own form of government, do ordain 
this Constitution. 

Article I. 

Bill of Rights. 

Section i. We declare that all men are created equal ; that 
thev are endowed bv their Creator with certain unalienable 
rights; that among these are life, liberty, and the pursuit of 
happiness ; that all power is inherent in the people ; and that 
all free governments are, and of right ought to be, founded on 
their authority, and instituted for their peace, safety, and well 
being. For the advancement of these ends, the people have 
at all times an indefeasible right to alter and reform their gov- 
ernment. 

Sec. 2. All men shall be secured in their natural right to 
worship Almighty God according to the dictates of their own 
consciences. 

115 



I 1 6 INDIANA AND THE NATION. 

Sec. 3. No law shall, in any case whatever, control the free 
exercise and enjoyment of religious opinions, or interfere with 
the rights of conscience. 

Sec. 4. No preference shall be given, by law, to any creed, 
religious society or mode of worship ; and no man shall be 
compelled to attend, erect or support any place of worship, or 
to maintain any ministry against his consent. 

Sec. 5. No religious test shall be required as a qualification 
for any office of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for the 
benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a wit- 
ness, in consequence of his opinion on matters of religion. 

Sec. 8. The mode of administering an oath or affirmation 
shall be such as may be most consistent with, and binding 
upon, the conscience of the person to whom such oath or 
affirmation may be administered. 

Sec. 9. No law shall be passed restraining the free inter- 
change of thought and opinion, or restricting the right to 
speak, write, or print, freely, on any subject whatever ; but for 
the abuse of that right every person shall be responsible. 

Sec. 10. In all prosecutions for libel, the truth of the mat- 
ters alleged to be libelous may be given in justification. 

Sec. it. The right of the people to be secure in their per- 
sons, houses, papers and effects, against unreasonable search or 
seizure shall not be violated, and no warrant shall issue, but 
upon probable cause, supported by oath or affirmation and 
particularly describing the place to be searched, and the per- 
son or thing to be seized. 

Sec. 12. All courts shall be open; and every man, for 
injury done to him, in his person, property or reputation, 



APPENDIX B. II7 

shall have remedy by due course of law. Justice shall be 
administered freely and without purchase ; completely, and 
without denial ; speedily, and without delay. 

Sec. 13. In all criminal prosecutions the accused shall have 
the right to a public trial, by an impartial jury in the county 
in which the offence shall have been committed ; to be heard 
by himself and counsel ; to demand the nature and cause of 
the accusation against him, and to have a copy thereof ; to 
meet the witnesses face to face, and to have compulsory pro- 
cess for obtaining witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for the 
same offense. No person, in any criminal prosecution, shall 
be compelled to testify against himself. 

Sec. 15. No person arrested, or confined in jail, shall be 
treated with unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Excessive 
fines shall not be imposed. Cruel and unusual punishment 
shall not be inflicted. All penalties shall be proportioned to 
the nature of the offense. 

Sec. 17. Offenses, other than murder or treason, shall be 
bailable bv sufficient sureties. Murder or treason shall not be 
bailable when the proof is evident, or the presumption strong. 

Sec. 18. The penal code shall be founded on the principles 
of reformation, and not of vindictive justice. 

Sec 19. In all criminal cases whatever, the jury shall have 
the right to determine the law and the facts. 

Sec 20. In all civil cases the right of trial by jury shall 
remain inviolate. 

Sec 21. No man's particular services shall be demanded 
without just compensation. No man's property shall be taken 
by law without just compensation ; nor, except in case of the 
State, without such compensation first assessed and tendered. 



I 1 8 INDIANA AND THE NATION. 

Sec. 22. The privilege of the debtor to enjoy the neces- 
sary comforts of life, shall be recognized by wholesome laws, 
exempting a reasonable amount of property from seizure or 
sale for the payment of any debt or liability hereafter con- 
tracted ; and there shall be no imprisonment for debt, except 
in case of fraud. 

Sec. 23. The General Assembly shall not grant to any citi- 
zen, or class of citizens, privileges or immunities which, upon 
the same terms, shall not equally belong to all citizens. 

Sec 24. No ex post facto law, or law impairing the obliga- 
tion of contract, shall ever be passed. 

Sec 25. No law shall be passed, the taking effect of which 
shall be made to depend upon any authority, except as pro- 
vided in this Constitution. 

Sec 26. The operation of the laws shall never be suspended 
except by the authority of the General Assembly. 

Sec. 27. The privileges of the writ of habeas corpus shall not 
be suspended, except in case of rebellion or invasion, and then 
only if the public safety demand it. 

Sec 28. Treason against the State shall consist only in levy- 
ing war against it, and giving aid and comfort to its enemies. 

Sec 29. No person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or upon 
his confession in open court. 

Sec 30. No conviction shall work corruption of blood or 
forfeiture of estate. 

Sec 31. No law shall restrain any of the inhabitants of the 
State from assembling together, in a peaceable manner, to 
consult for their common good ; nor from instructing their 
representatives ; nor from applying to the General Assembly 
for redress of grievances. 



APPENDIX B. Iig 

Sec. 32. The people shall have a right to bear arms for the 
defense of themselves and the State. 

Sec. 33. The military shall be kept in strict subordination 
to the civil power. 

Sec. 34. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner ; nor in time of 
war but in a manner to be prescribed by law. 

Sec. 35. The General Assembly shall not grant any title of 
nobility, nor confer hereditary distinctions. 

Sec 36. Emigration from the State shall not be prohibited. 

Sec. 37. There shall be neither slavery nor involuntary servi- 
tude within the State, otherwise than for the punishment of 
crime, whereof the party shall have been duly convicted. 
No indenture of any negro or mulatto, made or executed out 
of the bounds of the State, shall be valid within the State. 

Article II. 

Suffrage and Election. 

Section i. All elections shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by this 
Constitution, every male citizen of the United States, of the 
age of twenty - one years and upwards, who shall have resided 
in the State during the six months, and in the township sixty 
days, and in the ward or precinct thirty days immediately pre- 
ceding such election ; and every male of foreign birth, of the 
age of twenty- one-years and upwards, who shall have resided 
in the United States one year, and shall have resided in this 
State during the six months, and in the township sixty days, 
and in the ward or precinct thirty days, immediately preced- 
ing such election, and shall have declared his intention to be- 
come a citizen of the United States, conformably to the laws 



120 INDIANA AND THE NATION. 

of the United States on the subject of naturalization, shall be 
entitled to vote in the township or precinct where he may re- 
side, if he shall have been duly registered according to law. 

Sec. 3. No soldier, seaman or marine, in the army or navy 
of the United States, or their allies, shall be deemed to have 
acquired a residence in this State in consequence of having 
been stationed within the same ; nor shall any such soldier, 
seaman or marine, have the right to vote. 

Sec. 4. No person shall be deemed to have lost his residence 
in the State by reason of his absence either on business of the 
State or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of 
March 24, 1881]. 

Sec. 6. Every person shall be disqualified from holding 
office during the term for which he may have been elected, 
who shall have given or offered a bribe, threat, or reward to 
procure his election. 

Sec. 7. Every person who shall give or accept a challenge 
to fight a duel, or who shall knowingly carry to another per- 
son such challenge, or who shall agree to go out of the State 
to fight a duel, shall be ineligible to any office of trust or 
profit. 

Sec 8. The General Assembly shall have power to deprive 
of the right of suffrage, and to render ineligible any person 
convicted of an infamous crime. 

Sec 9. No person holding a lucrative office or appoint- 
ment, under the United States, or under this State, shall be 
eligible to a seat in the General Assembly ; nor shall any per- 
son hold more than one lucrative office at the same time, ex- 
cept as in this Constitution expressly permitted : Provided, 
That offices in the militia, to which there is attached no an- 
nual salary, and the office of Deputy Postmaster, where the 



APPENDIX B. 121 

compensation does not exceed ninety dollars per annum, shall 
not be deemed lucrative ; And provided, also, That counties 
containing less than one thousand polls may confer the office 
of Clerk, Recorder and Auditor, or any two of said offices, 
upon the same person. 

Sec. io. No person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any office of trust 
or profit until he shall have accounted for and paid over, 
according to law, all sums for which he may be liable. 

Sec. ii. In all cases in which it is provided that an office 
shall not be filled by the same person more than a certain 
number of years continuously, an appointment pro tempore 
shall not be reckoned a part of that term. 

Sec. 12. In all cases, except treason, felony and breach of 
the peace, electors shall be free from arrest in going to elec- 
tions, during their attendance there, and in returning from 
the same. 

Sec. 13. All elections by the people shall be by ballot ;, and 
all elections by the General Assembly, or by either branch 
thereof, shall be viva voce. 

Sec. 14. All general elections shall be held on the first 
Tuesday after the first Monday in November; but township 
elections may be held at such time as may be provided by 
law : Provided, That the General Assembly may provide by 
law for the election of all judges of courts of general or appel- 
late jurisdiction, by an election to be held for such officers 
only, at which time no other officer shall be voted for; and 
shall also provide for the registration of all persons entitled to 
vote. 

Article III. 

Distribution of Powers. 

Section i. The powers of the Government are divided into 
three separate departments : the Legislative, the Executive (in- 



122 INDIANA AND THE NATION. 

eluding the Administrative), and the Judicial; and no person 
charged with official duties under one of these departments 
shall exercise any of the functions of another except as in this 
Constitution expressly provided. 

Article IV. 
Legislative. 

Section i. The Legislative authority of the State shall be 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. The style of every law shall 
be, " Be it enacted by the General Assembly of the State of 
Indiana;" and no law shall be enacted except by bill. 

Sec. 2. The Senate shall not exceed fifty, nor the House of 
Representatives one hundred members ; and they shall be 
chosen by the electors of the respective counties or districts 
into which the State may, from time to time, be divided. 

Sec. 3. Senators shall be elected for the term of four years, 
and Representatives for the term of two years, from the day 
next after their general election : Provided, however, That 
the Senators elect, at the second meeting of the General 
Assembly under this Constitution, shall be divided, by lot, 
into two equal classes, as nearly as may be ; and the seats of 
Senators of the first class shall be vacated at the expiration of 
two years, and those of the second class at the expiration of 
four years ; so that one-half, as nearly as possible, shall be 
chosen biennially forever thereafter. And in case of increase 
in the number of Senators, they shall be so annexed by lot, to 
the one or the other of the two classes, as to keep them as 
nearly equal as practicable. 

Sec. 4. The General Assembly shall, at its second session 
after the adoption of this. Constitution, and every sixth year 
thereafter, cause an enumeration to be made of all the male 
inhabitants over the age of twenty-one years. 



APPENDIX B. 123 

Sec. 5. The number of Senators and Representatives shall, 
at the session next following each period of making such enu- 
meration, be fixed by law, and apportioned among the several 
counties, according to the number of male inhabitants, above 
twenty- one years of age, in each : Provided, That the first 
and second elections of members of the General Assembly, 
under this Constitution, shall be according to the apportion- 
ment last made by the General Assembly before the adoption 
of this Constitution. 

Sec. 6. A Senatorial or Representative district, where more 
than one county shall constitute a district, shall be composed 
of contiguous counties ; and no county, for Senatorial appor- 
tionment, shall ever be divided. 

Sec. 7. No person shall be a Senator or a Representative, 
who at the time of his election, is not a citizen of the United 
States; nor any one who has not been, for two years next pre- 
ceding his election, an inhabitant of this State, and for one 
year next preceding his election, an inhabitant of the county 
or district whence he may be chosen. Senators shall be at 
least twenty-five, and Representatives at least twenty-one years 
of age. 

Sec. 8. Senators and Representatives, in all cases except 
treason, felony, and breach of the peace, shall be privileged 
from arrest during the session of the General Assembly, and 
in going to and returning from the same ; and shall not be 
subject to any civil process during the session of the Gen- 
eral Assembly, nor during the fifteen days next before the 
commencement thereof. For any speech or debate in either 
House, a member shall not be questioned in any other place. 

Sec 9. The sessions of the General Assembly shall be held 
bienniallv, at the capital of the State, commencing on the 
Thursday next after the first Monday of January, in the year 



124 INDIANA AND THE NATION. 

one thousand eight hundred and fifty-three, and on the same 
day of every second year thereafter, unless a different day or 
place shall have been appointed by law. But if, in the opinion 
of the Governor, the public welfare shall require it, he may, at 
any time, by proclamation, call a special session. 

Sec. io. Each House, when assembled, shall choose its own 
officers (the President of the Senate excepted), judge the elec- 
tions, qualifications and returns of its own members, determine 
its rules of proceeding, and sit upon its own adjournment. 
But neither House shall, without the consent of the other, ad- 
journ for more than three days, nor to any place other than 
that in which it may be sitting. 

Sec. ii. Two thirds of each House shall constitute a quorum 
to do business; but a smaller number may meet, adjourn from 
day to day, and compel the attendance of absent members. A 
quorum being in attendance, if either House fail to effect an 
organization within the first five days thereafter, the members 
of the House so failing shall be entitled to no compensation 
from the end of the said five days, until an organization shall 
have been effected. 

Sec. 12. Each House shall keep a journal of its proceedings, 
and publish the same. The yeas and nays, on any question, 
shall, at the request of any two members, be entered, together 
with the names of the members demanding the same, on the 
journal : Provided, That on a motion to adjourn, it shall 
require one-tenth of the members present to order the yeas 
and nays. 

Sec. 13. The doors of each House, and of Committees of the 
Whole, shall be kept open, except in such cases as, in the opin- 
ion of either House, may require secrecy. 

Sec. 14. Either House may punish its members for disor- 
derly behavior, and may, with the concurrence of two- thirds, 
expel a member ; but not a second time for the same cause. 



APPENDIX B. 125 

Sec. 15. Either House, during its session, may punish, by 
imprisonment, any person not a member, who shall have been 
guilty of disrespect to the House, by disorderly or contemptu- 
ous behavior in its presence ; but such imprisonment shall not, 
at any time, exceed twenty-four hours. 

Sec. 16. Each House shall have all powers necessary for a 
branch of the legislative department of a free and independent 
State. 

Sec. 17. Bills may originate in either House, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of Representatives. 

Sec. 18. Every bill shall be read bv sections, on three sev- 
eral days in each House ; unless, in case of emergency, two- 
thirds of the House where such bill may be depending shall, 
by a vote of yeas and nays, deem it expedient to dispense with 
this rule ; but the reading of a bill by sections, on its final pas- 
sage, shall in no case be dispensed with ; and the vote on the 
passage of every bill or joint resolution shall be taken by yeas 
and nays. 

Sec. 19. Every act shall embrace but one subject, and mat- 
ters properly connected therewith ; which subject shall be ex- 
pressed in the title. But if any subject shall be embraced in 
an act, which shall not be expressed in the title, such act shall 
be void only as to so much thereof as shall not be expressed in 
the title. 

Sec. 20. Every act and joint resolution shall be plainly 
worded, avoiding, as far as practicable; the use of technical 
terms. 

Sec. 21. No act shall ever be revised or amended by mere 
reference to its title ; but the act revised, or section amended, 
shall be set forth and published at full length. 



126 INDIANA AND THE NATION. 

Sec. 22. The General Assembly shall not pass local or spe- 
cial laws in any of the following enumerated cases, that is to 
say: 

Regulating the jurisdiction and duties of justices of the 
peace and of constables ; 

For the punishment of crimes and misdemeanors; 

Regulating the practice in courts of justice ; 

Providing for changing the venue in civil and criminal 
cases ; 

Granting divorces; 

Changing the names of persons ; 

For laying out, opening, and working on, highways, and for 
the election or appointment of supervisors ; 

Vacating roads, town plats, streets, alleys and public 
squares; 

Summoning and impaneling grand and petit juries, and 
providing for their compensation ; 

Regulating county and township business ; 

Regulating the election of county and township officers, 
and their compensation ; 

For the assessment and collection of taxes for State, county, 
township or road purposes ; 

Providing for supporting common schools, and for the pres- 
ervation of school funds ; 

In relation to fees or salaries ; except that the laws may be 
so made as to grade the compensation of officers in proportion 
to the population and the necessary services required ; 

In relation to interest on money ; 

Providing for opening and conducting elections of State, 
county or township officers, and designating the places of 
voting; 

Providing for the sale of real estate belonging to minors, or 
other persons laboring under legal disabilities, by executors, 
administrators, guardians or trustees. 



APPENDIX B. 127 

Sec. 23. In all the cases enumerated in the preceding sec- 
tion, and in all other cases where a general law can be made 
applicable, all laws shall be general and of uniform operation 
throughout the State. 

Sec. 24. Provision may be made by general law, for bring- 
ing suits against the State, as to all liabilities originating after 
the adoption of this Constitution ; but no special act authoriz- 
ing such suit to be brought, or making compensation to any 
person claiming damages against the State, shall ever be 
passed. 

Sec 25. A majority of all the members elected to each 
House shall be necessary to pass every bill or joint resolution; 
and all bills and joint resolutions so passed shall be signed by 
the presiding officers of the respective houses. 

Sec 26. Any member of either House shall have the right 
to protest, and to have his protest, with his reasons for dissent, 
entered on the journal. 

Sec 27. Every statute shall be a public law, unless other- 
wise declared in the statute itself. 

Sec 28. No act shall take effect until the same shall have 
been published and circulated in the several counties of this 
State, by authority, except in case of emergency ; which emer- 
gency shall be declared in the preamble or in the body of the 
law. 

Sec 29. The members of the General Assembly shall 
receive for their services a compensation, to be fixed by law; 
but no increase of compensation shall take effect during the 
session at which such increase may be made. No session of 
the General Assembly, except the first under this Constitution, 
shall extend beyond the term of sixty -one days, nor any spe- 
cial session beyond the term of forty days. 



128 INDIANA AND THE NATION. 

Sec. 30. No Senator or Representative shall, during the 
term for which he may have been elected, be eligible to any 
office, the election to which is vested in the General Assem- 
bly, nor shall he be appointed to any civil office of profit, 
which shall have been created, or the emoluments of which 
shall have been increased, during such term ; but this latter 
provision shall not be construed to apply to any office elective 
by the people. 

Article V. 

Executive. 

Section i. The executive powers of the State shall be 
vested in a Governor. He shall hold his office during four 
years, and shall not be eligible more than four years in any 
period of eight years. 

Sec. 2. There shall be a Lieutenant Governor, who shall 
hold his office during four years. 

Sec 3. The Governor and Lieutenant Governor shall be 
elected at the times and places of choosing members of the 
General Assembly. 

Sec 4. In voting for Governor and Lieutenant Governor, 
the electors shall designate for whom they vote as Governor, 
and for whom as Lieutenant Governor. The returns of every 
election for Governor and Lieutenant Governor shall be sealed 
up and transmitted to the seat of government, directed to the 
Speaker of the House of Representatives, who shall open and 
publish them in the presence of both Houses of the General 
Assembly. 

Sec 5. The persons, respectively, having the highest num- 
ber of votes for Governor and Lieutenant Governor, shall be 
elected ; but in case two or more persons shall have an equal 
and the highest number of votes for either office, the General 



APPENDIX B. 129 

Assembly shall, by joint vote, forthwith proceed to elect one 
of the said persons Governor or Lieutenant Governor, as the 
case may be. 

Sec. 6. Contested elections for Governor or Lieutenant 
Governor shall be determined by the General Assembly, in 
such manner as may be prescribed by law. 

Sec. 7. No person shall be eligible to the office of Governor 
or Lieutenant Governor, who shall not have been five years a 
citizen of the United States, and also a resident of the State of 
Indiana during the five years next preceding his election; 
nor shall any person be eligible to either of the said offices 
who shall not have attained the age of thirty years. 

Sec. 8.. No member of Congress, or person holding any 
office under the United States, or under this State, shall fill 
the office of Governor or Lieutenant Governor. 

Sec. 9. The official term of the Governor or Lieutenant 
Governor shall commence on the second Monday of January, 
in the year one thousand eight hundred and fifty-three; and 
on the same day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from office, 
or of his death, resignation or inability to discharge the duties 
of the office, the same shall devolve on the Lieutenant Gov- 
ernor ; and the General Assembly shall, by law, provide for 
the case of removal from office, death, resignation, or inability, 
both of the Governor and Lieutenant Governor, declaring 
what officer then shall act as Governor ; and such officer shall 
act accordingly until the disability be removed or a Governor 
be elected. 

Sec. 11. Whenever the Lieutenant Governor shall act as 
Governor, or shall be unable to attend as President of the 
Senate, the Senate shall elect one of its own members as Presi- 
dent for the occasion. 
9 



130 INDIANA AND THE NATION. 

Sec. 12. The Governor shall be commander-in-chief of the 
military and naval forces, and may call out such forces to exe- 
cute the laws, or to suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General 
Assembly information touching the condition of the State, and 
recommend such measures as he shall judge to be expedient. 

Sec 14. Every bill which shall have passed the General As- 
sembly shall be presented to the Governor.; if he approve, he 
shall sign it, but if not, he shall return it, with his objections, 
to the House in which it shall have originated, which House 
shall enter the objections at large upon its journals, and pro- 
ceed to reconsider the bill. If, after such reconsideration, a 
majority of all the members elected to that House shall agree 
to pass the bill, it shall be sent, with the Governor's objections, 
to the other House, by which it shall likewise be reconsidered, 
and if approved by a majority of all the members elected to 
that House, it shall be a law. If any bill shall not be returned 
by the Governor within three days, Sundays excepted, after it 
shall have been presented to him, it shall be a law without his 
signature, unless the general adjournment shall prevent its 
return, in which case it shall be a law, unless the Governor, 
within five days next after such adjournment, shall file such 
bill, with his objections thereto, in the office of the Secretary 
of State, who shall lay the same before the General Assembly 
at its next session in like manner as if it had been returned by 
the Governor. But no bills shall be presented to the Gover- 
nor within two days next previous to the final adjournment of 
the General Assembly. 

Sec 15. The Governor shall transact all necessary business 
with the officers of Government, and may require any infor- 
mation in writing from the officers of the administrative 
department, upon any subject relating to the duties of their 
respective offices. 



APPENDIX B. 131 

Sec. 16. He shall take care that the laws be faithfully 
executed. 

Sec 17. He shall have the power to grant reprieves, com- 
mutations and pardons, after conviction, for all offenses except 
treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he 
shall have power to suspend the execution of the sentence 
until the case shall be reported to the General Assembly at its 
next meeting, when the General Assembly shall either grant 
a pardon, commute the sentence, direct the execution of the 
sentence, or grant a further reprieve. He shall have power to 
remit fines and forfeitures, under such regulations as may be 
prescribed by law, and shall report to the General Assembly at 
its next meeting, each case of reprieve, commutation or par- 
don granted, and also the names of all persons in whose favor 
remission of fines and forfeitures shall have been made, and 
the several amounts remitted: Provided, however, That the 
General Assembly, may, by law, constitute a council, to be com- 
posed of officers of State, without whose advice and consent 
the Governor shall not have power to grant pardons, in any 
case, except such as may, by law, be left to his sole power. 

Sec. 18. When, during a recess of the General Assembly, a 
vacancy shall happen in any office, the appointment to which 
is vested in the General Assembly, or when, at any time, a 
vacancy shall have occurred in any other State office, or in the 
office of Judge of any court, the Governor shall fill such 
vacancy by appointment, which shall expire when a successor 
shall have been elected and qualified. 

Sec. 19. He shall issue writs of election to fill such vacan- 
cies as may have occurred in the General Assembly. 

Sec 20. Should the seat of Government become dangerous 
from disease or a common enemy, he may convene the Gen- 
eral Assembly at any other place. 



132 INDIANA AND THE NATION. 

Sec. 21. The Lieutenant Governor shall, by virtue of his 
office, be President of the Senate; have a right, when in Com- 
mittee of the Whole, to join in debate, and to vote on all sub- 
jects, and, whenever the Senate shall be equally divided, he 
shall give the casting vote. 

Sec 22. The Governor shall, at stated times, receive for his 
services a compensation which shall neither be increased nor 
diminished during the term for which he shall have been 
elected. 

Sec 23. The Lieutenant Governor, while he shall act as 
President of the Senate, shall receive for his services the same 
compensation as the Speaker of the House of Representatives ; 
and any person acting as Governor shall receive the compen- 
sation attached to the office of Governor. 

Sec 24. Neither the Governor nor Lieutenant Governor 
shall be eligible to any other office during the term for which 
he shall have been elected. 

Article VI. 

Administrative. 

Section i. There shall be elected by the voters of the State, 
a Secretary, an Auditor, and a Treasurer of State, who shall 
severally hold their offices for two years. They shall perform 
such duties as may be enjoined by law; and no person shall 
be eligible to either of said offices more than four years in any 
period of six years 

Sec 2. There shall be elected in each county, by the voters 
thereof, at the time of holding general elections, a Clerk of 
the Circuit Court, Auditor, Recorder, Treasurer, Sheriff, 
Coroner, and Surveyor. The Clerk, Auditor and Recorder 
shall continue in office four years ; and no person shall be 



APPENDIX B. 133 

eligible to the office of Clerk, Recorder or Auditor more than 
eight years in any period of twelve years. The Treasurer, 
Sheriff, Coroner, and Surveyor, shall continue in office two 
years ; and no person shall be eligible to the office of Treas- 
urer or Sheriff more than four years in any period of six years. 

Sec. 3. Such other county and township officers as may be 
necessary, shall be elected or appointed, in such manner as 
may be prescribed by law. 

Sec. 4. No person shall be elected or appointed as a county 
officer, who shall not be an elector of the county ; nor any one 
who shall not have been an inhabitant thereof during one year 
next preceding his appointment, if the county shall have been 
so long organized ; but if the county shall not have been so 
long organized, then within the limits of the county or coun- 
ties out of which the same shall have been taken. 

Sec. 5. The Governor, and the Secretary, Auditor and 
Treasurer of State, shall, severally, reside and keep the public 
records, books and papers, in any manner relating to the re- 
spective offices, at the seat of government. 

Sec 6. All county, township, and town officers shall reside 
within their respective counties, townships, and towns, and 
shall keep their respective offices at such places therein, and 
perforin such duties as may be directed by law. 

Sec 7. All State officers shall, for crime, incapacity, or neg- 
ligence, be liable to be removed from office, either by impeach- 
ment by the House of Representatives, to be tried by the Sen- 
ate, or by a joint resolution of the General Assembly ; two- 
thirds of the members elected to each branch voting, in either 
case, therefor. 

Sec 8. All State, county, township, and town officers may 
be impeached, or removed from office, in such manner as may 
be prescribed by law. 



134 INDIANA AND THE NATION. 

Sec. 9. Vacancies in county, township, and town offices 
shall be filled in such manner as may be prescribed by law. 

Sec 10. The General Assembly may confer upon the Boards 
doing county business in the several counties, powers of a 
local administrative character. 

Article VII. 

Judicial. 

Section i. The Judicial power of the State shall be vested 
in a Supreme Court, in Circuit Courts, and in such other 
courts as the General Assembly may establish. 

Sec. 2. The Supreme Court shall consist of not less than 
three, nor more than five Judges ; a majority of whom shall 
form a quorum. They shall hold their offices for six years, if 
they so long behave well. 

Sec 3. The State shall be divided into as many districts as 
there are Judges of the Supreme Court, and such districts shall 
be formed of contiguous territory, as nearly equal in popula- 
tion as, without dividing a county, the same can be made. 
One of said Judges shall be elected from each district, and re- 
side therein ; but said Judge shall be elected by the electors 
of the State at large. 

Sec 4. The Supreme Court shall have jurisdiction coex- 
tensive with the limits of the State, in appeals and writs of 
error, under such regulations and restrictions as may be pre- 
scribed by law. It shall also have such original jurisdiction 
as the General Assembly may confer. 

Sec 5. The Supreme Court shall, upon the decision of 
every case, give a statement in writing of each question arising 
in the record of such case, and the decision of the Court 
thereon. 



APPENDIX B. 135 

Sec. 6. The General Assembly shall provide by law for the 
speedy publication of the decisions of the Supreme Court, 
made under this Constitution, but no judge shall be allowed 
to report such decision. 

Sec. 7. There shall be elected by the voters of the State, a 
Clerk of the Supreme Court, who shall hold his office four 
years, and whose duties shall be prescribed by law. 

Sec. 8. The Circuit Courts shall each consist of one judge, 
and shall have such civil and criminal jurisdiction as may be 
prescribed by law. 

Sec 9. The State shall, from time to time, be divided into 
judicial circuits, and a judge for each circuit shall be elected 
by the voters thereof. He shall reside within the circuit, and 
shall hold his office for the term of six years, if he so long 
behave well. 

Sec 10. The General Assembly may provide, by law, that 
the judge of one circuit may hold the courts of another cir- 
cuit, in cases of necessity or convenience; and in case of 
temporary inability of any judge, from sickness or other cause, 
to hold the courts in his circuit, provision may be made, by 
law, for holding such courts. 

Sec 11. There shall be elected, in each judicial circuit, by 
the voters thereof, a prosecuting attorney, who shall hold his 
office for two years. 

Sec 12. Any judge or prosecuting attorney, who shall have 
been convicted of corruption or other high crime, may, on in- 
formation in the name of the State, be removed from office by 
the Supreme Court, or in such other manner as may be pre- 
scribed by law. 

Sec 13. The judges of the Supreme Court and Circuit 
Courts shall, at stated times, receive a compensation, which 
shall not be diminished during their continuance in office. 



I36 INDIANA AND THE NATION. 

Sec. 14. A competent number of justices of the peace shall 
be elected by the voters in each township in the several coun- 
ties. They shall continue in office four years, and their powers 
and duties shall be prescribed by law. 

Sec 15. All judicial officers shall be conservators of the 
peace in their respective jurisdictions. 

Sec 16. No person elected to any judicial office shall, dur- 
ing the term for which he shall have been elected, be eligible to 
any office of trust or profit under the State, other than a judi- 
cial office. 

Sec 17. The General Assembly may modify or abolish the 
Grand Jury system. 

Sec 18. All criminal prosecutions shall be carried on in the 
name, and by the authority of the State ; and the style of all 
processes shall be, "The State of Indiana." 

Sec 19. Tribunals of conciliation may be established, with 
such powers and duties as shall be prescribed by law; or the 
powers and duties of the same may be conferred upon other 
courts of justice ; but such tribunals or other courts, when sit- 
ting as such, shall have no power to render judgment to be 
obligatory on the parties unless they voluntarily submit their 
matters of difference and agree to abide the judgment of such 
tribunal or court. 

Sec 20. The General Assembly, at its first session after the 
adoption of this Constitution, shall provide for the appoint- 
ment of three commissioners whose duty it shall be to revise, 
simplify and abridge the rules, practice, pleadings and forms 
of the courts of justice. And they shall provide for abolish- 
ing the distinct forms of action at law now in use ; and that 
justice shall be administered in a uniform mode of pleading, 
without distinction between law and equity. And the General 
Assembly may, also, make it the duty of said commissioners 



APPENDIX B. 137 

to reduce into a systematic code the general statute law of the 
State ; and said commissioners shall report the result of their 
labors to the General Assembly, with such recommendations 
and suggestions, as to the abridgement and amendment, as to 
said commissioners may seem necessary or proper. Provision 
shall be made by law for rilling vacancies, regulating the tenure 
of office and the compensation of said commissioners. 

Sec. 21. Every person of good moral character, being a 
voter, shall be entitled to admission to practice law in all 
courts of justice. 

Article VIII. 
Education. 

Section i. Knowledge and learning generally diffused 
throughout a community, being essential to the preservation 
of a free government, it shall be the duty of the General 
Assembly to encourage, by all suitable means, moral, intel- 
lectual, scientific and agricultural improvement, and to pro- 
vide by law for a general and uniform system of common 
schools, wherein tuition shall be without charge, and equally 
open to all. 

Sec. 2. The common school fund shall consist of the con- 
gressional township fund, and the lands belonging thereto ; 

The surplus revenue fund ; 

The saline fund, and the lands belonging thereto ; 

The bank tax fund, and the fund arising from the one hun- 
dred and fourteenth section of the charter of the State Bank 
of Indiana; 

The fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such semi- 
naries ; from the fines assessed for breaches of the penal laws 
of the State; and from all forfeitures which may accrue; 



I38 INDIANA AND THE NATION. 

All lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the 
State, where no special purpose is expressed in the grant, and 
the proceeds of the sales thereof; including the proceeds of 
the sales of the Swamp Lands granted to the State of Indi- 
ana by the act of Congress, of the 28th of September, 1850, 
after deducting the expense of selecting and draining the 
same; 

Taxes on the property of corporations that may be assessed 
by the General Assembly for Common School purposes. 

Sec. 3. The principal of the Common School Fund shall 
remain a perpetual fund, which may be increased, but shall 
never be diminished ; and the income thereof shall be inviola- 
bly appropriated to the support of Common Schools, and to 
no other purpose whatever. 

Sec. 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School 
Fund as have not heretofore been entrusted to the several 
counties ; and shall make provisions, by law, for the distribu- 
tion, among the several counties, of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of 
such interest for Common School purposes, the same shall be 
re-invested for the benefit of such county. 

Sec. 6. The several counties shall be held liable for the pre- 
servation of so much of the said fund as may be intrusted to 
them, and for the payment of the annual interest thereon. 

Sec. 7. All trust funds held by the State shall remain invio- 
late, and be faithfully and exclusively applied to the purposes 
for which the trust was created. 

Sec 8. The General Assembly shall provide for the election, 
by the voters of the State, of a State Superintendent of Public 



APPENDIX B. 139 

Instruction, who shall hold his office for two years, and whose 
duties and compensation shall be prescribed by law. 

Article IX. 

State Institutions. 

Section i. It shall be the duty of the General Assembly to 
provide by law for the support of Institutions for the Educa- 
tion of the Deaf and Dumb, and of the Blind ; and, also, for 
the treatment of the Insane. 

Sec. 2. The General Assembly shall provide Houses of Ref- 
uge for the correction and reformation of juvenile offenders. 

Sec 3. The County Boards shall have power to provide 
Farms as an asylum for those persons who, by reason of age, 
infirmity, or other misfortune, have claims upon the sympa- 
thies and aid of society. 

Article X. 

Finance. 

Section i. The General Assembly shall provide, by law, for 
a uniform and equal rate of assessment and taxation ; and 
shall prescribe such regulations as shall secure a just valuation 
for taxation of all property, both real and personal, excepting 
such only for municipal, educational, literary, scientific, reli- 
gious or charitable purposes, as may be specially exempted by 
law. 

Sec 2. All the revenues derived from the sale of any of the 
public works belonging to the State, and from the net annual 
income thereof, and any surplus that may, at any time, remain 
in the Treasury derived from taxation for general State pur- 
poses, after the payment of the ordinary expenses of the gov- 
ernment, and of the interest on bonds of the State, other than 



140 INDIANA AND THE NATION. 

bank bonds, shall be annually supplied, under the direction of 
the General Assembly, to the payment of the principal of the 
public debt. 

Sec. 3. No money shall be drawn from the Treasury but in 
pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expendi- 
tures of the public money shall be published with the laws of 
each regular session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, 
on behalf of the State, except in the following cases : To meet 
casual deficits in the revenue; to pay the interest on the State 
debt ; to repel invasion, suppress insurrection, or, if hostili- 
ties be threatened, provide for public defense. 

Sec. 6. No county shall subscribe for stock in any incorpo- 
rated company, unless the same be paid for at the time of such 
subscription; nor shall any county loan its credit to any incor- 
porated company, nor borrow money for the purpose of taking 
stock in any such company ; nor shall the General Assembly 
ever, on behalf of the State, assume the debts of any county, 
city, town or township, nor of any corporation whatever. 

Sec 7. No law or resolution shall ever be passed by the 
General Assembly of the State of Indiana that shall recognize 
any liability of this State to pay or redeem any certificate of 
stock issued in pursuance of an act entitled "An act to pro- 
vide for the funded debt of the State of Indiana, and for the 
completion of the Wabash & Erie Canal to Evansville," 
passed January 19, 1846, and an act supplemental to said act 
passed January 29, 1847, which by the provisions of the said 
acts, or either of them, shall be payable exclusively from the 
proceeds of the canal lands, and the tolls and revenues of the 
canal in said acts mentioned ; and no such certificates of stocks 
shall ever be paid by this State. 



APPENDIX B. 141 

[Note. — Agreed to by a majority of the members elected to each of 
the two houses of the General Assembly, Regular Session of 1871, and 
referred to the General Assembly to be chosen at the next general election. 
Agreed to by a majority of the members elected to each house of the Gen- 
eral Assembly, Special Session of 1872. Submitted to the electors of the 
State by an act approved January 28, 1873. Ratified by a majority of the 
electors, at an election held on the 18th day of February, 1873. Declared a 
part of the Constitution by proclamation of Thomas A. Hendricks, Gov- 
ernor, dated March 7, 1873]. 

Article XI. 
Corporations. 

Section i. The General Assembly shall not have power to 
establish, or incorporate any bank or banking company, or 
moneyed institution, for the purpose of issuing bills of credit, 
or bills payable to order or bearer, except under the conditions 
prescribed in this Constitution. 

Sec 2. No bank shall be established otherwise than under 
a general banking law, except as provided in the fourth sec- 
tion of this article. 

Sec. 3. If the General Assembly shall enact a general bank- 
ing law, such law shall provide for the registry and counter- 
signing, by an officer of State, of all paper credit designed 
to be circulated as money; and ample collateral security, read- 
ily convertible into specie, for the redemption of the same in 
gold or silver, shall be required ; which collateral security shall 
be under the control of the proper officer or officers of the 
State. 

Sec 4. The General Assembly may also charter a bank with 
branches, without collateral security, as required in the preced- 
ing section. 

Sec 5. If the General Assembly shall establish a bank with 
branches, the branches shall be mutually responsible for each 
other's liabilities, upon all paper credit issued as money. 



142 INDIANA AND THE NATION. 

Sec. 6. The stockholders in every bank, or banking com- 
pany, shall be individually responsible to an amount over and 
above their stock, equal to their respective shares of stock, for 
all debts or liabilities of said bank or banking company. 

Sec 7. All bills or notes issued as money, shall be, at all 
times, redeemable in gold or silver ; and no law shall be passed, 
sanctioning, directly or indirectly, the suspension, by any 
bank or banking company, of specie payments. 

Sec. 8. Holders of bank notes shall be entitled, in case of 
insolvency, to preference of payment over all other creditors. 

Sec 9. No bank shall receive, directly or indirectly, a 
greater rate of interest than shall be allowed by law to indi- 
viduals loaning money. 

Sec 10. Every bank, or banking company, shall be required 
to cease all banking operations within twenty years from the 
time of its organization, and promptly thereafter to close its 
business. 

Sec 11. The General Assembly is not prohibited from in- 
vesting the trust funds in a bank with branches ; but in case 
of such investment, the safety of the same shall be guaranteed 
by unquestionable security. 

Sec 12. The State shall not be a stockholder in any bank, 
after the expiration of the present bank charter ; nor shall the 
credit of the State ever be given, or loaned, in aid of any per- 
son, association, or corporation, nor shall the State hereafter 
become a stockholder in any corporation or association. 

Sec 13. Corporations, other than banking, shall not be 
created by special act, but may be formed under general laws. 

Sec 14. Dues from corporations, other than banking, shall 
be secured by such individual liability of the corporators, or 
other means, as may be prescribed by law. 



APPENDIX B. 143 

Article XII. 

Militia. 

Section i. The militia shall consist of all able-bodied 
white male persons between the ages of eighteen and forty- 
five years, except such as may be exempted by the laws of the 
United States, or of this State ; and shall be organized, offi- 
cered, armed, equipped and trained in such manner as may be 
provided by law. 

Sec 2. The Governor shall appoint the Adjutant, Quarter- 
master and Commissary Generals. 

Sec. 3. All militia officers shall be commissioned by the 
Governor, and shall hold their offices not longer than six 
years. 

Sec 4. The General Assembly shall determine the method 
of dividing the militia into divisions, brigades, regiments, bat- 
talions and companies, and fix the rank of all staff officers. 

Sec 5. The militia may be divided into classes of seden- 
tary and active militia in such manner as shall be prescribed 
by law. 

Sec 6. No person conscientiously opposed to bearing arms 
shall be compelled to do militia dutv ; but such person shall 
pay an equivalent for exemption ; the amount to be prescribed 
by law. 

Article XIII. 

Political and Municipal Corporations. 

Section i. No political or municipal corporation in this 
State shall ever become indebted, in any manner or for any 
purpose, to any amount, in the aggregate exceeding two per 
centum on the value of taxable property within such corpora- 



144 INDIANA AND THE NATION. 

tion, to be ascertained by the last assessment for State and 
county taxes, previous to the incurring of such indebtedness, 
and all bonds or obligations, in excess of such amount, given 
by such corporations, shall be void : Provided, That in time 
of war, foreign invasion, or other great public calamity, on 
petition of a majority of the property owners, in number and 
value, within the limits of such corporation, the public authori- 
ties, in their discretion, may incur obligations necessary for 
the public protection and defense, to such an amount as may 
be requested in such petition. 

[The original Article 13 is stricken out and the amendment of March 
24, 1 88 1, inserted in lieu thereof]. 

Article XIV. 

Boundaries. 

Section i. In order that the boundaries of the State may 
be known and established, it is hereby ordained and declared, 
that the State of Indiana is bounded on the east by the merid- 
ian line which forms the western boundary of the State of 
Ohio ; on the south by the Ohio River, from the mouth of the 
Great Miami River to the mouth of the Wabash River ; on the 
west, by a line drawn along the middle of the Wabash River, 
from its mouth to a point where a due north line, drawn from 
the town of Vincennes, would last touch the northwestern 
shore of said Wabash River ; and thence by a due north line, 
until the same shall intersect an east and west line, drawn 
through a point ten miles north of the southern extreme of 
Lake Michigan ; on the north, by said east and west line, 
until the same shall intersect the first mentioned meridian line, 
which forms the western boundary of the State of Ohio. 

Sec. 2. The State of Indiana shall possess jurisdiction, and 
sovereignty co-extensive with the boundaries declared in the 



APPENDIX B. 145 

preceding section ; and shall have concurrent jurisdiction, in 
civil and criminal cases, with the State of Kentucky on the 
Ohio River, and with the State of Illinois on the Wabash 
River, so far as said rivers form the common boundary between 
this State and said States respectively. 

Article XV. 

Miscellaneous, 

Section" i. All officers whose appointment is not otherwise 
provided for in this Constitution, shall be chosen in such 
manner as now is, or hereafter may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided for 
by this Constitution, it may be declared by law; and if not so 
declared, such office shall be held during the pleasure of the 
authority making the appointment. But the General Assem- 
bly shall not create any office, the tenure of which shall be 
longer than four years. 

Sec 3. Whenever it is provided in this Constitution, or in 
any law which may be hereafter passed, that any officer, other 
than a member of the General Assembly, shall hold his office 
for any given term, the same shall be construed to mean that 
such officer shall hold his office for such term, and until his 
successor shall have been elected and qualified. 

Sec. 4. Every person elected or appointed to any office 
under this Constitution shall, before entering on the duties 
thereof, take an oath or affirmation to support the Constitution 
of this State and of the United States, and also an oath of office. 

Sec. 5. There shall be a seal of the State, kept by the Gov- 
ernor for official purposes, which shall be called the Seal of 
the State of Indiana. 

Sec. 6. All commissions shall issue in the name of the State, 



I46 INDIANA AND THE NATION. 

shall be signed by the Governor, sealed by the State Seal, and 
attested by the Secretary of State. 

Sec. 7. No county shall be reduced to an area less than 
four hundred square miles: nor shall any county under that 
area be further reduced. 

Sec. 8. No lottery shall be authorized, nor shall the sale of 
lottery tickets be allowed. 

Sec. 9. The following grounds owned by the State in Indi- 
anapolis, namely : the State House Square, the Governor's 
Circle, and so much of out-lot numbered one hundred and 
forty-seven as lies north of the arm of the Central Canal, shall 
not be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to 
provide for the permanent enclosure and preservation of the 
Tippecanoe Battle Ground. 

Article XVI. 

Amendments. 

Section i. Any amendment or amendments to this Consti- 
tution may be proposed in either branch of the General 
Assembly; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such proposed 
amendment or amendments shall, with the yeas and nays 
thereon, be entered on their journals and referred to the Gen- 
eral Assembly to be chosen at the next general election ; and, 
if in the General Assembly so next chosen, such proposed 
amendment or amendments shall be agreed to by a majority of 
all the members elected to each house, then it shall be the 
duty of the General Assembly to submit such amendment or 
amendments to the electors of the State, and if a majority of 
said electors shall ratify the same, such amendment or amend- 
ments shall become a part of this Constitution. 



APPENDIX B. 147 

Sec. 2. If two or more amendents shall be submitted at the 
same time, thev shall be submitted in such manner that the 
electors shall vote for or against each of such amendments sep- 
arately ; and while such an amendment or amendments which 
shall have been agreed upon by one General Assembly, shall 
be awaiting the action of the succeeding General Assembly, or 
of the electors, no additional amendment or amendments 
shall be proposed. 



Schedule. 

This Constitution, if adopted, shall take effect on the first 
day of November, in the year one thousand eight hundred and 
fifty-one, and shall supersede the Constitution adopted in the 
year one thousand eight hundred and sixteen. That no incon- 
venience may arise from the change in the government, it is 
hereby ordained as follows: 

First — All laws now in force, and not inconsistent with this 
Constitution, shall remain in force until they shall expire or 
be repealed. 

Second — All indictments, prosecutions, suits, pleas, plaints 
and other proceedings pending in any of the Courts, shall be 
prosecuted to final judgment and execution; and all appeals, 
writs of error, certiorari and injunctions shall be carried on in 
the several Courts, in the same manner as is now provided by 
law. 

Third — All fines, penalties and forfeitures, due or accruing 
to the State, or to any county therein, shall inure to the State, 
or to such county in the manner prescribed by law. All bonds 
executed to the State, or to any officer, in his official capacity, 
shall remain in force, and inure to the use of those concerned. 

Fourth — All acts of incorporation for municipal purposes 



I48 INDIANA AND THE NATION. 

shall continue in force under this Constitution, until such 
time as the General Assembly shall, in its discretion, modify or 
repeal the same. 

Fifth — The Governor, at the expiration of the present offi- 
cial term, shall continue to act until his successor shall have 
been sworn into office. 

Sixth — There shall be a session of the General Assembly, 
commencing on the first Monday of December, in the year 
one thousand eight hundred and fifty-one. 

Seventh — Senators now in office and holding over, under 
the existing Constitution, and such as may be elected at the 
next general election, and the Representatives then elected, 
shall continue in office until the first general election under 
this Constitution. 

Eighth — The first general election under this Constitution 
shall be held in the year one thousand eight hundred and 
fifty-two. 

Ninth — The first election for Governor, Lieutenant Gover- 
nor, Judges of the Supreme Court and Circuit Courts, Clerk 
of the Supreme Court, Prosecuting Attorney, Secretary, Audi- 
tor, and Treasurer of State, and State Superintendent of Pub- 
lic Instruction, under this Constitution, shall be held at the 
general election in the year one thousand eight hundred and 
fifty - two ; and such of said officers as may be in office when 
this Constitution shall go into effect, shall continue in their 
respective offices until their successors shall have been elected 
and qualified. 

Tenth — Every person elected by popular vote, and now in 
any office which is continued by this Constitution, and every 
person who shall be so elected to any such office before the 
taking effect of this Constitution (except as in this Constitu- 
tion otherwise provided), shall continue in office until the 



APPENDIX B. 149 

term for which such person has been, or may be, elected, shall 
expire : P?'ovided, That no such person shall continue in office 
after the taking effect of this Constitution, for a longer period 
than the term of such office in this Constitution prescribed. 

Eleventh — On the taking effect of this Constitution, all 
officers thereby continued in office shall, before proceeding in 
the further discharge of their duties, take an oath or affirma- 
tion to support this Constitution. 

Twelfth — All vacancies that may occur in existing offices 
prior to the first general election under this Constitution, shall 
be filled in the manner now prescribed by law. 

Thirteenth — At the time of submitting this Constitution to 
the electors for their approval or disapproval, the article num- 
bered thirteen, in relation to negroes and mulattoes, shall be 
submitted as a distinct proposition, in the following form : 
" Exclusion and Colonization of Negroes and Mulattoes," 
"Aye," or "No." And if a majority of the votes cast shall be 
in favor of said article, then the same shall form a part of this 
Constitution, otherwise it shall be void and form no part 
thereof. 

Fourteenth — No article or section of this Constitution shall 
be submitted as a distinct proposition to a vote of the electors 
otherwise than as herein provided. 

Fifteenth — Whenever a portion of the citizens of the coun- 
ties of Perry and Spencer shall deem it expedient to form, of 
the contiguous territory of said counties, a new county, it shall 
be the duty of those interested in the organization of such new 
county, to lay off the same by proper metes and bounds of 
equal portions as nearly as practicable, not to exceed one- 
third of the territory of each of said counties. The proposal 
to create such new county shall be submitted to the voters of 
said counties at a general election, in such manner as shall be 



150 INDIANA AND THE NATION. 

prescribed by law. And if a majority of all the votes given at 
said election shall be in favor of the organization of said new 
county, it shall be the duty of the General Assembly to 
organize the same out of the territory thus designated. 

Sixteenth. — The General Assembly may alter or amend the 
charter of Clarksville, and make such regulations as may be 
necessary for carrying into effect the objects contemplated in 
granting the same, and the funds belonging to said town shall 
be applied according to the intention of the grantor. 

Done in Convention, at Indianapolis, the tenth day of Feb- 
ruary, in the year of our Lord, one thousand eight hundred 
and fifty -one; and of the independence of the United States, 
the seventy - fifth. 

George Whitfield Carr, 

President, and Delegate from the County of Lawrence. 

Attest: Wm. H. English, 

Pi'incipal Secretary. 

Geo. L. Sites, 
Herman G. Barkwell, 
Robert M. Evans, 

Assistant Secretaries. 



Addenda. 



The original sections stricken out by the amendments here- 
in inserted read as follows : 

Article II. 

Suffrage and Election. 

Section 2. In all elections, not otherwise provided for by this 
Constitution, every white male citizen of the United States, of the 



APPENDIX B. 151 

age of twenty - one years and upwards, who shall have resided in 
the State during the six months immediately preceding such elec- 
tion ; and every white male, of foreign birth of the age of twenty- 
one years and upwards, who shall have resided in the United States 
one year, and shall have resided in this State during the six months 
immediately preceding such election, and shall have declared his 
intention to become a citizen of the United States, conformably to 
the laws of the United States on the subject of naturalization, shall 
be entitled to vote in the township or precinct where he may reside. 

Sec. 5. No negro or mulatto shall have the right of suffrage. 

Sec. 14. All general elections shall be held on the second Tues- 
day in October. 

Article IV. 

Legislative. 

Section 4. The General Assembly shall, at its second session 
after the adoption of this Constitution, and every six years there- 
after, cause an enumeration to be made of all the white male 
inhabitants over the age of twenty - one years. 

Sec. 5. The number of Senators and Representatives shall, at 
the session next following each period of making such enumeration, 
be fixed by law, and apportioned among the several counties, ac- 
cording to the number of white male inhabitants, above twenty - one 
years of age, in each : Provided, That the first and second elec- 
tions of members of the General Assembly, under this Constitution, 
shall be according to the apportionment last made by the General 
Assembly, before the adoption of this Constitution. 

Sec. 22. In relation to fees or salaries : 

Article VII. 

Judicial. 

Section i. The judicial power of the State shall be vested in a 
Supreme Court, in Circuit Courts, and in such inferior courts as the 
General Assembly may establish. 



152 INDIANA AND THE NATION. 

Article XIII. 

Negroes and Mulattoes. 

Section i. No negro or mulatto shall come into, or settle in, the 
State, after the adoption of this Constitution. 

Sec. 2. All contracts made with any negro or mulatto coming 
into the State, contrary to the provisions of the foregoing section, 
shall be void ; and any person who shall employ such negro or 
mulatto, or otherwise encourage him to remain in the State, shall be 
fined in any sum not less than ten dollars, nor more than five hun- 
dred dollars. 

Sec. 3. All fines which may be collected for a violation of the 
provisions of this article, or of any law which may hereafter be 
passed for the purpose of carrying the same into execution, shall be 
set apart and appropriated for the colonization of such negroes and 
mulattoes, and their descendants, as may be in the State at the 
adoption of this Constitution, and may be willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the 
provisions of this article. 



APPENDIX. 

c 

THE CONSTITUTION OF THE UNITED STATES. 



(i) We, the people of the United States, in order to form 
a more perfect union, establish justice, insure domestic tran- 
quility, provide for the common defence, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 

Article I. 

SECTION I. 

(2), All legislative powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

SECTION 11. 

(3) The " House of Representatives shall be composed of 
members chosen every second year by the people of the sev- 
eral States, and the electors in each State shall have the 
qualifications requisite for electors of the most numerous 
branch of the State legislature. 

(4) No person shall be a Representative who shall not have 
attained the age of twenty -five years, and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of that State in which he shall be chosen. 

(5) Representatives and direct taxes, shall be apportioned 
among the several States which may be included within this 

i53 



154 INDIANA AND THE NATION. 

Union, according to their respective numbers, which shall be 
determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and ex- 
cluding Indians not taxed, three - fifths of all other persons. 
The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and 
within every subsequent term of ten years, in such manner as 
they shall by law direct. The number of Representatives 
shall not exceed one for every thirty thousand, but each State 
shall have at least one Representative; and until such enu- 
meration shall be made, the State of New Hampshire shall be 
entitled to choose three, Massachusetts eight, Rhode Island ana 
Providence Plantations one, Connecticut five, 'New York six, 
New Jersey four, Pennsylvania eight, Delaware one, Marylana 
six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

(6) When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

(7) The House of Representatives shall choose their 
Speaker and other officers, and shall have the sole power 
of impeachment. 

SECTION III. 

(8) The Senate of the United States shall be composed of 
two Senators from each State, chosen by the legislature there- 
of, for six years ; and each Senator shall have one vote. 

(9) Immediately after they shall be assembled in conse- 
quence of the first election, they shall be divided as equally 
as may be into three classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the second 
year ; of the second class, at the expiration of the fourth year, 
and of the third class, at the expiration of the sixth year, so 
so that one -third may be chosen every second year; and if 



APPENDIX C. 155 

vacancies happen by resignation or otherwise during the 
recess of the legislature of any State, the executive thereof 
may make temporary appointments until the next meeting of 
the legislature, which shall then fill such vacancies. 

(10) No person shall be a Senator who shall not have at- 
tained to the age of thirty years, and been nine years a citizen 
of the United States, and who shall not, when elected, be an 
inhabitant of that State for which he shall be chosen. 

(11) The Vice President of the United States shall be 
President of the Senate, but shall have no vote, unless they 
be equally divided. 

(12) The Senate shall choose their other officers, and also 
a President pro tempore in the absence of the Vice-President, 
or when he shall exercise the office of President of the United 
States. 

(13) The Senate shall have the sole power to try all im- 
peachments. When sitting for that purpose, they shall be on 
oath or affirmation. When the President of the United 
States is tried, the Chief Justice shall preside : and no person 
shall be convicted without the concurrence of two -thirds of 
the members present. 

(14) Judgment in cases of impeachment shall not extend 
further than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust, or profit under the 
United States ; but the party convicted shall, nevertheless, be 
liable and subject to indictment, trial, judgment, and punish- 
ment, according to law. 

SECTION IV. 

(15) The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each 
State by the legislature thereof; but the Congress may at any 
time by law make or alter such regulations, except as to the 
places of choosing Senators. 



I56 INDIANA AND THE NATION. 

(16) The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall by law appoint a different day. 

SECTION v. 

(17) Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business ; but a smaller num- 
ber may adjourn from day to day, and may be authorized to 
compel the attendance of absent members, in such manner, 
and under such penalties, as each house may provide. 

(18) Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and with the 
concurrence of two -thirds, expel a member. 

(19) Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may in their judgment require secrecy, and the yeas and nays 
of the members of either house on any question shall, at the 
desire of one -fifth of those present, be entered on the journal. 

(20) Neither house, during the session of Congress, shall 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two houses 
shall be sitting. 

SECTION VI. 

(21) The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law and paid 
out of the Treasury of the United States. They shall, in all 
cases except treason, felony, and breach of the peace, be privi- 
leged from arrest during their attendance at the session of 
their respective houses, and in going to and returning from 
the same ; and for any speech or debate in either house they 
shall not be questioned in any other place. 

(22) No Senator or Representative shall, during the time 



APPENDIX C. 157 

for which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been increased 
during such time ; and no person holding an office under the 
United States shall be a member of either house during his 
continuance in office. 

SECTION VII. 

(23) All bills for raising revenue shall originate in the House 
of Representatives ; but the Senate may propose or concur 
with amendments as on other bills. 

(24) Every bill which shall have passed the House of Repre- 
sentatives and the Senate shall, before it become a law, be 
presented to the President of the United States ; if he approve 
he shall sign it, but if not he shall return it, with his objec- 
tions, to that house in which it shall have originated, who shall 
enter the objections at large on their journal and proceed to 
reconsider it. If after such reconsideration two-thirds of that 
house shall agree to pass the bill, it shall be sent, together 
with the objections, to the other house, by which it shall like- 
wise be reconsidered, and if approved bv two-thirds of that 
house it shall become a law. But in all such cases the votes of 
both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be 
entered on the journal of each house respectivelv. If any bill 
shall not be returned bv the President within ten davs (Sun- 
days excepted) after it shall have been presented to him, the 
same shall be a law, in like manner as if he had signed it, 
unless the Congress bv their adjournment prevent its return, 
in which case it shall not be a law. 

(25) Every order, resolution, or vote to which the concur- 
rence of the Senate and House of Representatives may be nec- 
essary (except on a question of adjournment) shall be pre- 
sented to the President of the United States; and before the 



I58 INDIANA AND THE NATION. 

same shall take effect, shall be approved by him, or being dis- 
approved by him, shall be repassed by two-thirds of the Senate 
and House of Representatives, according to the rules and lim- 
itations prescribed in the case of a bill. 

SECTION VIII. 

(26) The Congress shall have power to lay and collect taxes, 
duties, imposts, and excises, to pay the debts and provide for 
the common defence and general welfare of the United States; 
but all duties, imposts, and excises shall, be uniform through- 
out the United States ; 

(27) To borrow money on the credit of the United States ; 

(28) To regulate commerce with foreign nations and among 
the several States, and with the Indian tribes : 

(29) To establish an uniform rule of naturalization, and uni- 
form laws on the subject of bankruptcies throughout the United 
States ; 

(30) To coin money, regulate the value thereof, and of for- 
eign coin, and fix the standard of weights and measures ; 

(31) To provide for the punishment of counterfeiting the 
securities and current coin of the United States ; 

(32) To establish post-offices and post-roads ; 

(33) To promote the progress of science and useful arts by 
securing for limited times to authors and inventors the exclu- 
sive right to their respective writings and discoveries; 

(34) To constitute tribunals inferior to the Supreme Court ; 

(35) To define and punish piracies and felonies committed 
on the high seas and offences against the law of nations ; 

(36) To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water; 

(37) To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years ' 

(38) To provide and maintain a navy; 

(39) To make rules for the government and regulation of 
the land and naval forces ; 



APPENDIX C. 159 

(40) To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel inva- 
sions; 

(41) To provide for organizing, arming, and disciplining the 
militia, and for governing such part of them as may be 
emploved in the service of the United States, reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed bv Congress ; 

(42) To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, by 
cession of particular States and the acceptance of Congress, 
become the seat of the Government of the United States, and 
to exercise like authoritv over all places purchased by the con- 
sent of the legislature of the State in which the same shall be, 
for the erection of forts, magazines, arsenals, dockyards, and 
other needful buildings ; and 

(43) To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof. 

SECTION IX. 

(44) The migration or importation of such persons as any 
of the States now existing shall think proper to admit shall 
not be prohibited by the Congress prior to the year one thou- 
sand eight hundred and eight, but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for 
each person. 

(45) The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the 
public safety mav require it. 

(46) No bill of attainder or ex post facto law shall be 
passed. 



l60 INDIANA AND THE NATION. 

(47) No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

(48) No tax or duty shall be laid on articles exported from 
any State. 

(49) No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of 
another; nor shall vessels bound to or from one State be 
obliged to enter, clear, or pay duties in another. 

(50) No money shall be drawn from the Treasury but in con- 
sequence of appropriations made by law ; and a regular state- 
ment and account of the receipts and expenditures of all pub- 
lic money shall be published from time to time. 

(51) No title of nobility shall be granted by the United 
States ; and no person holding any office of profit or trust 
under them shall, without the consent of the Congress, accept 
of any present, emolument, office, or title, of any kind, what- 
ever, from any king, prince, or foreign state. 

section x. 

(52) No State shall enter into any treaty, alliance, or con- 
federation ; grant letters of marque and reprisal ; coin money; 
emit bills of credit; make anything but gold and silver coin a 
tender in payment of debts ; pass any bill of attainder, ex post 
facto law, or law impairing the obligation of contracts, or grant 
any title of nobility. 

(53) No State shall, without the consent of Congress, lay 
any imposts or duties on imports or exports, except what may 
be absolutely necessary for executing its inspection laws; and 
the net produce of all duties and imposts, laid by any State on 
imports or exports, shall be for the use of the Treasury of the 
United States ; and all such laws shall be subject to the revis- 
ion and control of the Congress. 

(54) No State shall, without the consent of Congress, lay any 



APPENDIX C. l6l 

duty of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another State or 
with a foreign power, or engage in war, unless actually invaded 
or in such imminent danger as will not admit of delay. 

Article II. 

SECTION I. 

(55) The executive power shall be vested in a President of 
the United States of America. He shall hold his office during 
the term of four years, and together with the Vice-President, 
chosen for the same term, be elected as follows : 

(56) Each State shall appoint, in such manner as the legis- 
lature thereof may direct, a number of electors, equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress ; but no Senator or Rep- 
resentative, or person holding an office of trust or profit under 
the United States, shall be appointed an elector. 

[The electors shall meet in their respective States and vote 
by ballot for two persons, of whom one at least shall not be an 
inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each ; which list they shall sign and certify, and 
transmit sealed to the seat of government of the United States, 
directed to the President of the Senate. The President of the 
Senate shall, in the presence of the Senate and House of Rep- 
resentatives, open all the certificates, and the votes shall then 
be counted. The person having the greatest number of votes 
shall be the President, if such number be a majority of the 
whole number of electors appointed ; and if there be more 
than one who have such majority, and have an equal number 
of votes, then the House of Representatives shall immediately 
choose by ballot one of them for President ; and if no person 

11 



1 62 INDIANA AND THE NATION. 

have a majority, then from the five highest on the list the said 
House shall in like manner choose the President. But in 
choosing the President the votes shall be taken by States, the 
representation from each State having one vote ; a quorum for 
this purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall be 
necessary to a choice. In every case, after the choice of the 
President, the person having the greatest number of votes of 
the electors shall be the Vice-President. But if there should 
remain two or more who have equal votes, the Senate shall 
choose from them by ballot the Vice-President.] 1 

(57) The Congress may determine the time of choosing the 
electors and the day on which they shall give their votes, 
which day shall be the same throughout the United States. 

(58) No person except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of the Consti- 
tution, shall be eligible to the office of President; neither 
shall any person be eligible to that office who shall not have 
attained to the age of thirty- five years, and been fourteen 
years a resident within the United States. 

(59) In case of the removal of the President from office, or 
of his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
Vice-President, and the Congress may by law provide for the 
case of removal, death, resignation, or inability, both of the 
President and Vice-President, declaring what officer shall then 
act as President, and such officer shall act accordingly until 
the disability be removed or the President shall be elected. 

(60) The President shall, at stated times, receive for his 
services a compensation, which shall neither be increased nor 
diminished during the period for which he may have been 

1 This clause of the Constitution has been amended. See twelfth 
article of the amendments. 



APPENDIX C. 163 

elected, and he shall not receive within that period any other 
emolument from the United States or any of them. 

(61) Before he enter on the execution of his office he shall 
take the following oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute 
the office of President of the United States, and will to the 
best of my ability preserve, protect, and defend the Constitu- 
tion of the United States." 

SECTION 11. 

(62) The President shall be Commander-in-chief of the 
iVrmy and Navy of the United States, and of the militia of 
the several States when called into the actual service of the 
United States ; he may require the opinion, in writing, of the 
principal officer in each of the executive departments, upon 
any subject relating to the duties of their respective offices, 
and he shall have power to grant reprieves and pardons for 
offences against the United States, except in cases of impeach- 
ment. 

(63) He shall have power, by and with the advice and con- 
sent of the Senate, to make treaties, provided two-thirds of 
the Senators present concur ■ and he shall nominate, and, by 
and with the advice and consent of the Senate, shall appoint 
ambassadors, other public ministers and consuls, judges of the 
Supreme Court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, 
and which shall be established by law ; but the Congress may 
by law vest the appointment of such inferior officers, as they 
think proper, in the President alone, in the courts of law, or 
in the heads of departments. 

(64) The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting 
commissions which shall expire at the end of their next ses- 
sion. 



164 INDIANA AND THE NATION. 

SECTION III. 

(65) He shall from time to time give to the Congress infor- 
mation of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary and 
expedient ; he may, on extraordinary occasions, convene both 
houses, or either of them, and in case of disagreement between 
them with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper; he shall 
receive ambassadors and other public ministers ; he shall take 
care that the laws be faithfully executed, and shall commission 
all the officers of the United States. 

SECTION IV. 

(66) The President, Vice-President, and all civil officers of 
the United States shall be removed from office on impeach- 
ment for and conviction of treason, bribery, or other high 
crimes and misdemeanors. 

Article III. 
section 1. 

(67) The judicial power of the United States shall be 
vested in one Supreme Court, and in such inferior courts as 
the Congress may from time to time ordain and establish. 
The judges, both of the supreme and inferior courts, shall 
hold their offices during good behavior, and shall, at stated 
times, receive for their services a compensation which shall 
not be diminished during their continuance in office. 

section 11. 

(68) The judicial power shall extend to all cases, in law and 
equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public 
ministers, and consuls ; to all cases of admiralty and maritime 



APPENDIX C. 165 

jurisdiction ; to controversies to which the United States shall 
be a party ; to controversies between two or more States ; 
between a State and citizens of another State ; between citi- 
zens of different States ; between citizens of the same State 
claiming lands under grants of different States, and between a 
State, or the citizens thereof, and foreign States, citizens, or 
subjects. 

(69) In all cases affecting ambassadors, other public min- 
isters and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all the 
other cases before mentioned the Supreme Court shall have 
appellate jurisdiction, both as to law and fact, with such 
exceptions and under such regulations as the Congress shall 
make. 

(70) The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trial shall be held in the State 
where the said crimes shall have been committed ; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

SECTION III. 

(71) Treason against the United States shall consist only in 
levying way against them, or in adhering to their enemies, 
giving them aid and comfort. No person shall be convicted 
of treason unless on the testimony of two witnesses to the same 
overt act, or on confession in open court. 

(72) The Congress shall have power to declare the punish- 
ment of treason, but no attainder of treason shall work cor- 
ruption of blood or forfeiture except during the life of the 
person attainted. 

Article IV. 

section 1. 

(73) Full faith and credit shall be given in each State to the 
public acts, records, and judicial proceedings of every other 



I 66 'INDIANA AND THE NATION. 

State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall be 
proved, and the effect thereof. 

SECTION II. 

(74) The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several States. 

(75) A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another State, shall, on demand of the executive authority of 
the State from which he fled* be delivered up, to be removed 
to the State having jurisdiction of the crime. 

(76) No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

SECTION III. 

(77) New States may be admitted by the Congress into this 
Union ; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by 
the junction of two or more States or parts of States, without 
the consent of the Legislatures of the States concerned as well 
as of the Congress. 

(78) The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory or 
other property belonging to the United States ; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States or of any particular State. 

SECTION IV. 

(79) The United States shall guarantee to every State in 
this Union a republican form of government, and shall pro- 
tect each of them against invasion, and on application of the 



APPENDIX C* 167 

legislature, or of the executive (when the legislature cannot be 
convened), against domestic violence. 

Article V. 

(80) The Congress, whenever two -thirds of both houses 
shall deem it necessary, shall propose amendments to this 
Constitution, or, on the application of the legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posing amendments, which in either case shall be valid to all 
intents and purposes as part of this Constitution, when ratified 
by the legislatures of three - fourths of the several States, or by 
conventions in three - fourths thereof, as the one or the other 
mode of ratification may be proposed by the Congress, pro- 
vided that no amendments which may be made prior to the 
year one thousand eight hundred and eight shall in any man- 
ner affect the first and fourth clauses in the ninth section of 
the first article ; and that no State, without its consent, shall 
be deprived of its equal suffrage in the Senate. 

Article VI. 

(81) All debts contracted and engagements entered into, 
before the adoption of this Constitution shall be as valid 
against the United States under this Constitution as under 
the confederation. 

(82) This Constitution, and the Laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land ; and the 
judges in every State shall be bound thereby, anything in the 
Constitution or laws of any State to the contrary notwith- 
standing. 

(83) The Senators and Representatives before mentioned, 
and the members of the several State legislatures, and all 
executive and judicial officers both of the United States and 
of the several States, shall be bound bv oath or affirmation to 



1 68 INDIANA AND THE NATION. 

support this Constitution ; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States. 

Article VII. 

(84) The ratification of the conventions of nine States shall 

be sufficient for the establishment of this Constitution between 

the States so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year 
of our Lord one thousand seven hundred and eighty- 
seven, and of the independence of the United States of 
America the twelfth. In witness whereof, we have here- 
unto subscribed our names. 
George Washington, President, and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. 

Massachusetts — Nathanial Gorham, Rufus King. 

Connecticut — William Samuel Johnson, Roger Sherman. 

New York — Alexander Hamilton. 

New Jersey — William Livingston, David Brearly, William 
Patterson, Jonathan Dayton. 

Pennsylvania — Benjamin Franklin, Thomas Miffiin, Robert 
Morris, George Clymer, Thomas Fitzsimons, Jared Inger- 
soll, James Wilson, Gouverneur Morris. 

Delaware — George Read, Gunning Bedford, Jr., John Dick- 
inson, Richard Bassett, Jacob Broom. 

Maryland — James McHenry, Daniel of St. Thomas Jenifer, 
Daniel Carroll. 

Virginia — John Blair, James Madison, Jr. 

North Carolina — William Blount, Richard Dobbs Spaight, 
Hugh Williamson. 

South Carolina — John Rutledge, Charles Cotesworth Pinck- 
ney, Charles Pinckney, Pierce Butler. 

Georgia — William Few, Abraham Baldwin. 

Attest : William Jackson, Secretary. 



AMENDMENTS. 

Article I. 

(85) Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof ; or 
abridging the freedom of speech or of the press ; or the right 
of the people peaceably to assemble, and to petition the gov- 
ernment for a redress of grievances. 

Article II. 

(86) A well-regulated militia being necessary to the security 
of a free State, the right of the people to keep and bear arms 
shall not be infringed. 

Article III. 

(87) No soldier shall, in time cf peace, be quartered in any 
house without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 

Article IV. 

(88) The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but 
upon probable cause, supported by oath or affirmation, and 
particularly describing the place to be searched, and the per- 
son or things to be seized 

Article V. 

(89) No person shall be held to answer for a capital or , 
otherwise infamous crime, unless on a presentment or indict- 

169 



170 INDIANA AND THE NATION. 

ment of a grand jury, except in cases arising in the land or 
naval forces, or in the militia, when in actual service in time 
of war or public danger; nor shall any person be subject for 
the same offense to be twice put in jeopardy of life or limb; 
nor shall be compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be 
taken for public use without just compensation. 

Article VI. 

(90) In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of the 
State and district wherein the crime shall have been commit- 
ted, which district shall have been previously ascertained by 
law, and to be informed of the nature and cause of the accusa- 
tion ; to be confronted with the witnesses against him; to have 
compulsory process for obtaining witnesses in his favor, and 
to have the assistance of counsel for his defense. 

Article VII. 

(91) In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, than according 
to the rules of the common law. 

Article VIII. 

(92) Excessive bail shall not be required, nor excessive fines 
imoosed, nor cruel and unusual punishments inflicted. 

Article IX. 

(93) The enumeration in the Constitution of certain rights 
" shall not be construed to deny or disparage others retained by 

the people. 



APPENDIX C. 171 



Article X. 



(94) The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively or to the people. 

Article XI. 

(95) The judicial power of the United States shall not be 
construed to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens of 
another State, or by citizens or subjects of any foreign State. 

Article XII. 

(96) The electors shall meet in their respective States and 
vote by ballot for President and Vice-President, one of whom, 
at least, shall not be an inhabitant of the same State with 
themselves ; they shall name in their ballots the person voted 
for as President, and in distinct ballots the person voted for 
as Vice-President, and they shall make distinct lists of all per- 
sons voted for as President and of all persons voted for as 
Vice - President, and of the number of votes for each ; which 
lists they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to the 
President of the Senate. The President of the Senate shall, 
in the presence of the Senate and House of Representatives, 
open all the certificates and the votes shall then be counted. 
The person having the greatest number of votes for President 
shall be the President, if such number be a majority of the 
whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest num- 
bers not exceeding three on the list of those voted for as 
President, the House of Representatives shall choose imme- 
diately, by ballot, the President. But in choosing the Presi- 
dent the votes shall be taken by States, the representation 



1^2 INDIANA AND THE NATION. 

from each State having one vote ; a quorum for this purpose 
shall consist of a member or members from two-thirds of the 
States, and a majority of all the States, shall be necessary to a 
choice. And if the House of Representatives shall not choose 
a President whenever the right of choice shall devolve upon 
them, before the fourth day of March next following, then the 
Vice-President shall act as President, as in the case of the death 
or other constitutional disability of the President. 

(97) The person having the greatest number of votes as 
Vice-President shall be the Vice-President, if such a number 
be a majority of the whole number of electors appointed; and 
if no person have a majority, then from the two highest num- 
bers on the list the Senate shall choose the Vice-President; a 
quorum for the purpose shall consist of two-thirds of the whole 
number of Senators, and a majority of the whole number shall 
be necessary to a choice. But no person constitutionally in- 
eligible to the office of President shall be eligible to that of 
Vice-President of the United States. 

Article XIII. 

(98) Section i. Neither slavery nor involuntary servitude, 
except as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States or 
any place subject to their jurisdiction. 

(99) Sec 2. Congress shall have power to enforce this 
article by appropriate legislation. 

Article XIV. 

(100) Section i. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are citi- 
zens of the United States and of the State wherein they reside. 
No State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States ; 
nor shall any State deprive any person of life, liberty, or pro- 



APPENDIX C. 173 

perty, without due process of law ; nor deny to any person 
within its jurisdiction the equal protection of the laws. 

(101) Sec. 2. Representatives shall be apportioned among 
the several States according to their respective numbers, 
counting the whole number of persons in each State, exclud- 
ing Indians not taxed. But when the right to vote at any 
election for the choice of electors for President and Vice- 
President of the United States, Representatives in Congress, 
the executive and judicial officers of a State, or the members 
of the legislature thereof, is denied to any of the male inhabit- 
ants of such State, being twenty-one years of age, and citizens 
of the United States, or in any way abridged, except for par- 
ticipation in rebellion, or other crime, the basis of representa- 
tion therein shall be reduced in the proportion which the 
number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

(102) Sec. 3. No person shall be a Senator or Representa- 
tive in Congress, or elector of President and Vice-President, 
or hold any office, civil or military, under the United States 
or under any State, who, having previously taken an oath as a 
member of Congress, or as an officer of the United States, of 
as a member of any State Legislature, or as an executive or 
judicial officer of any State, to support the Constitution of the 
United States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies 
thereof. But Congress may, by a vote of two-thirds of each 
house, remove such disability. 

(103) Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for pay- 
ment of pensions and bounties for services in suppressing in- 
surrection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any debt 
or obligation incurred in aid of insurrection or rebellion 



174 INDIANA AND THE NATION. 

against the United States, or any claim for the loss or eman- 
cipation of any slave; but all such debts, obligations, and 
claims shall be held illegal and void. 

(104) Sec. 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

Article XV. 

(105) Section i. The right of citizens of the United States 
to vote shall not be denied or abridged by the United States 
or by any State on account of race, color, or previous condi- 
tion of servitude. 

(106) Sec. 2. The Congress shall have power to enforce 
this article by appropriate legislation. 



APPENDIX. 
£>• 

ANALYSIS OF THE CONSTITUTION OF THE 
UNITED STATES. 

NOTES TO THE TEACHER. 

The figures in bold-faced type in the Analyses refer to 

paragraphs of the United States Constitution. 
The light -faced figures, following questions, refer to pages in 

"The American Citizen." 
Valuable helps, in a cheap form, are found in those notable 

pamphlets of the Old South Leaflet Series, published by 



D. C. Heath & Co., 
Following is a list : 

1. Constitution of the U. S. 

2. Articles of Confederation. 

3. Declaration of Independence. 

4. Washington's Farewell Address. 

5. Magna Charta. 

6. Vane's "Healing Question." 

7. The Charter of Massachusetts 

B§y, 1629. 

8. Fundamental Orders of Connec- 

ticut, 1638. 

9. Franklin's Plan, 1754. 

10. Washington's Inaugurals. 

11. Lincoln's Inaugurals and Eman- 

cipation Proclamation. 

12. The Federalist, Nos. 1 and 2. 

13. The Ordinance of 1787. 

14. The Constitution of Ohio, double 

number (per 100, $4.00). 

15. Washington's Circular Letter to 

the Governors. 



at 5 cts. each, or $3.00 per 



16. Washington's Letter to Benjamin 

Harrison. 

17. Verrazano's Voyage, 1524. 

18. Swiss Constitution. 

19. The Bill of Rights, 1689. 

20. Coronado's Letter to Mendoza, 

1540. 

21. Eliot's Narrative, 1670. 

22. Wheelock's Narrative, 1762. 

23. The Petition of Rights, 1628. 

24. The Grand Remonstrance, 1 641. 

25. The Scottish National Covenant, 

1638. 

26. The Agreement of the People, 

1648-49. 
27 The Instrument of Government, 

1653. 

28. Cromwell's First Speech, 1653. 

29. The Discovery of America, 

1 571. 



175 



I76 INDIANA AND THE NATION. 

4. Additional sources of information and suggestion are found in : 

a. Wilson's State and Federal Governments of the United 

States. Cloth, 50 cents. [Contains the historical 
development of our government, a comparison of State 
constitutions, and an analysis of the national Consti- 
tution]. 

b. Allen's History Topics. Paper, 25 cents. [Valuable for 

its topical outlines and for its lists of historical novels 
and other books for collateral reading]. , 

c. Sheldon's Studies in American History. Cloth, illustrated, 

$1.12. [Unique in its methods of teaching and studying 
history and for the large number of original documents 
and quizzes for pupils], 

d. Dole's American Citizen. Cloth, go cents. [The most 

interesting book of its kind, and most valuable for the 
ethical principles inculcated]. 

e. Bancroft's History of the Formation of the Constitution. 

Cloth, $2.50. [Invaluable for a study of this period]. 

f. Von Hoist's Constitutional Law, $2. 

5. It will be found exceedingly interesting and helpful to prepare 

occasionally a series of questions leading to a comprehensive 
view of various public matters. Refer the pupils to books 
and journals giving information and inciting to investigation. 

6. At all times the reasons for the various parts of the machinery 

of our government should, as far as practicable, be dA^eloped 
in the recitation. In assigning the lesson, look to the moral 
and ethical principles involved and give questions develop- 
ing these. 

7. As many teachers may wish to have a brief but valuable and 

helpful Reference Library for the use of classes in Civil 
Government, we have made arrangements to furnish the one 
below for $11, or, express prepaid, for $11.50. 



APPENDIX D. 



177 



REFERENCE LIBRARY. 

Mailing Price. 

i. Woodrow Wilson's The State $2.00 

2. Bancroft's History of the Formation of the Constitution 2.50 

3. Sheldon's Studies in American History .' 1.25 

4. Von Hoist's Constitutional Law 2.00 

5. One full set Old South Leaflets 1.45 

6. Wenzel's Comparative View of Governments 20 

7. Dole's The American Citizen go 

8. Allen's History Topics and References 25 

g. Bryce's American Commonwealth 2.50 

$13.05 
THE CONSTITUTION OF THE UNITED STATES. 



1. Parties to the com- 
pact. 



2. Purposes. 



3. Thing Done. 



I. PREAMBLE. 

"We, the people of the 
United States." 

1. To form a more perfect union. 

2. To establish justice. 

3. To insure domestic tranquillity. 

4. To provide for the common defence. 

5. To promote the general welfare. 

6. To secure the blessings of liberty. 

a. For themselves. < 

b. For posterity. 

" Do ordain and establish this Constitution 
for the United States of America." 



QUERIES. 

government preceded 



1. What form of 

stitution ? 

2. Why was the change made ? 65. 

3. When and where made ? 66. (Bancroft). 

4. By whom made — the States or the people ? 



that under the Con- 



I78 INDIANA AND THE NATION. 

5. What prominent men took part in the meeting to form the 

Constitution ? 

6. How long did the discussion last ? 

7. To whom was the Constitution reported ? 

8. By whom and how ratified ? 

9. Were the people unanimously for it ? 
10. What are the purposes of a government 

References. — Sheldon's Studies in American History, pp. 203, 
207, 211 ; W T ilson's State and Federal Governments, pp. 21, 23, 24, 
35 ; O. S. Leaflets, Nos. 3, 6, 19; Bancroft's History of the Forma- 
tion of the Constitution. 

II. PARTS OF OUR GOVERNMENT. 

1. The Law -Making Power. 1. 

2. The Law - Interpreting Power. 67, 

3. The Law -Executing Power. 55. 



THE LAW-MAKING POWER. 

III. CONGRESS. 

(p. 60, 65), j I. House of Representatives. 2. 

Composed of I 2. Senate. 2. 

QUERIES, 

1. Why have three departments to the government ? 

2. Does Russia have the same three departments ? 

3. What are these parts called in England ? 

4. Should public officers be paid ? Why ? 

5. Why have a national judiciary ? 41, 83. 

6. Why have a national legislature ? 

7. Which is the Upper House ? Why so called ? 

8. Which the Lower House ? 

9. What does each House represent ? 67. 



APPENDIX D. 



179 



HOUSE OF REPRESENTATIVES. 

i. Composed of citizens. 4. 



2. Qualifications. 



3. Elected. 



Vacancies. 



5. Apportionment. 



6. Powers. 



1. Age ? 

2. Citizen how long ? 

3. Citizen where ? 4. 

4. How disqualified ? 22. 

5. Loyalty? 102. 

1. When ? 3. 

2. By whom ? 3. 

3. Electors ? 3. 

4. How ? 15. 

j 1. How happen ? 18,100. 
( 2. How filled ? 17. 

1. Includes whom ? 5. 

2. When made ? 5. 

3. Upon what basis ? 101. 

4. Conditions ? 100. 
With Senate. 2. 
Exclusive. 3. 

2. Of impeachment. 7. 

3. Electoral. 



1. Legislative. 



S 1, 9. 

I 2> 93 



1. Composed of whom? 



2. Qualifications. 



Elected. 



93. 

SENATE. 
8. 

i. Age ? 10. 

2. A citizen, nine years. 

3. Inhabitant of ? 

4. Office-holder? 22. 

5. Chosen or appointed ? 
L 6. Loyal ? 102. 

1. By whom ? 8. 

2. For how long ? 8. 

3. How ? 9. 

4. When? 

5. Into what classes ? 



i8o 



INDIANA AND THE NATION. 



4. Vacancy. 



5. Powers. 



6. Presided over by 



1. How happen. 

2. How filled. 

1. To vote. ig. 

2. Legislative. 2. 
Officers. 12. 
Vice-President. 

4. Of impeachment. 13. 
Treaties. 

Appointment. 63. 
Vice-President of U. S. 11. 
President pro tern, 12. 



3. Elective. 



5. Executive. 



QUERIES. 

1. Why should a Senator be older than a representative ? 

2. Why should Congressmen be citizens ? 

3. Why should Senators hold office longer than Representatives ? 71. 

4. Why have more than one House ? 68. 

5. What exclusive power given the House of Representatives ? 

Why? 

6. What exclusive functions of the Senate ? Why ? 

7. On what basis is representation allowed ? 

8. What other basis could you suggest ? 

9. What change in the basis of apportionment ? Why ? Why is 

the term "slavery" not mentioned in the Constitution ? 
10. Who is responsible for legislation ? 64, 131. 

References. — Wilson's State and Federal Governments, pp. 
98, 100, 102, 31 ; Sheldon's History, pp. 204, 205 ; Bancroft's 
History of the Formation of the Constitution. 



APPENDIX D. 



181 



THE EXECUTIVE. 



i. Supreme Executive. 
2. Term. 



I. THE PRESIDENT. 



55- 



3. Election. ■< 



By 
Electors. 



By House 
of 
Repre- 
sentatives. 



3. Process. 



How appointed ? 56. 
How many in each State ? 

1. Meet where ? 96. 

2. How vote ? 

3. Make lists. 

4. Sign lists. 

5. Certify lists. 

6 Transmit lists. 

7 Direct lists. 

1. Lists opened by? 

2. In presence of ? 

3. Counted by ? 

4. Election. 

5. Non - election. 



4. Before 

Congress 



1. When? 

2. From whom ? 

3. By ballot. 

4. By States. 

5. Quorum. 

6. Non - election. 



96. 



4. Qualifications. 

5. Salary. 60. 

6. Removable. 



Citizenship. 

Age. 

Residence. 



58. 



1. 

2. 

4. Oath of office. 61. 



66. 

References. — Dawes' How we are Governed, pp. 167-8; 
Macy's Civil Government ; Wilson's State and Federal Govern- 
ments. * 



182 



INDIANA AND THE NATION. 



Powers and 
Duties. 



3- 
4. 

1. 

2. 
3- 

4. 

5- 
6. 

7. 
8. 



1. Mi 



ilitary \ l ' 0ver army and nav > T - 62 - 
( 2. Over militia, conditional. 



2. Civil. 



1. 

2. 
3- 



5 



Executive departments. 62. 
Reprieves and pardons. 
Make treaties, conditional. 63. 

Appoint. 4 2. 

( 3- 
Fill vacancies. 



64. 

6. Send messages. 65. 

7. Convene Congress. 

8. Adjourn Congress. 

9. Receive ambassadors. 

10. Have laws executed. 

11. May veto laws. 24. 

12. Must grant commissions. 



65. 



1. How elected 



Qualifications 

Term. 

Power and Duties 



II. VICE-PRESIDENT. 

1. By electors. 

2. By Senate. 97. 

1. Eligible to Presidency. 

2. Oath of office. 83. 



97. 



■\', 



President of Senate. 11. 

Acting President of the United States. 59. 

QUERIES. 

jy. (Bancroft.) (Wilson, p. 



Why have but one President? 

113). 

What does the President owe the people? 32. 
Why not limit the Presidency to rich or highly educated men? 

47- 
Why limit the power of the President? (See Webster's speech 

on the Appointing and Removing Power). 
Why should he be a native of the United States? 
Why not elected by direct vote? (Wilson, p. 114). 
Who counts the electoral vote? 
What important contest raised this question? 



APPENDIX D. 



183 



9. In case of non-election by votes of electors, why should the 

House rather than the Senate choose a President? 
10. Why not elect a President for one year? For six years? For 
ten years ? 



1. Composed of. j 
67. 



2. Judges. 



THE JUDICIARY. 

( Chief Justice. 



Supreme Court 



J Associate Justices. 
r 1. Circuit Courts of Appeals. 



Subordinate Courts, i 2. Circuit Courts. 
( 3. District Courts 



3. Functions. 4 



f 1. President 



Appointed by J and 

( 2. Senate. 



63. 



-p. , , ( Bv impeachment. 

Removable ] ■ r 

I For what? 66. 

Tenure of office. 67. 

_ ( How fixed? 

Compensation. \ 

I \\ hen changed ? 

Oath of office. 83. 

Judicial power 
extends to what? 68. 

Original 
Jurisdiction. 69. 

Appellate 
Jurisdiction. 69. 



QUERIES. 

1. Why make the judges permanent office-holders? 86. 

2. Why give them larger salaries than to Congressmen ? 

3. Why nave a national judiciary? 83. 



1 84 INDIANA AND THE NATION. 

4. Why not allow all judges to hold office during life or good 

behavior? 85. 

5. Why heed the courts' decisions? 

6. What are the chief purposes of judges? 87. 

7. What is a jury? 89. 

8. Difference in purpose of the judge and the jury? 

9. What is meant by the " common law? " By "statute law? " 
10. What is meant by " equity? " 

PROVISIONS COMMON TO SENATE AND HOUSE. 



Membership. 
Oath of Office. 
Quorum. 



j Composed of. 17. 
( Decided by. 



83. 



! 



Salary. 

Rules. 18. 

Journal. 

Yeas and Nays. 19. 



Composed of. 17. 
How secured? 
How determined? 21. 
How paid? 

Kept. 19. 
Published. 



Adjournment. \ How lon ^ ? 20 ' 
J } Where? 

Things prohibited. *{ „ , ,. ., ^ 

* Holding civil office. 22. 



Penalties. 



Certain emoluments. 
18. 



{ 

{ Punishment, 
f Expulsion. 

QUERIES. 

1. Why should each house decide as to the qualifications of its 

member? 

2. What is a "quorum " of the House? Of the Senate? 

3. When is a quorum present? (See discussion over Speaker 

Reed's decision). 

4. Why should less than a quorum adjourn? 



APPENDIX D. 



I8 5 



What powers ought less than a quorum to have? Why? 
Why keep a journal? 
Why publish a journal? 
What is the use of " Yeas and Nays? " 

Why not let one house adjourn permanently without the other? 
Why should each member vote? 122, 6$ 
References. — Any good book on Rules of Order; Bancroft's 
Formation of Constitution ; Congressional Record. 



Bills and 
Laws. 



2. Orders, etc. 



BILLS, LAWS, RESOLUTIONS, ETC. 

i. With executive approval. 

2. With executive veto. 

3. Without executive action. 



I. 

Courses. 



II. 

First Course. 


1. Bill passes Congress. 24. 

2. Sent to the President. 

3. President approves. 




1. Bill passes Congress. 24. 

2. Sent to the President. 




3. President returns with ob- 


III. 

Second Course. « 


jections. 
4. Objections entered on journal 




5. Bill reconsidered. 




6. Approved by two-thirds. 

7. Vote taken. 




< 8. Votes recorded. 




1. Bill passes Congress. 24. 

2. Presented to President. 


IV. 

Third Course. 


3. Not returned in ten days. 

4. Effect, Congress not adjourn- 


1. Passed by C01 


ing- 
igress. 25. 


2. Exception. 

3. Presented to 


Resident. 


4. Approved or < 

5. Treated as a 1 


disapproved. 
Dill. 



1 86 INDIANA AND THE NATION. 



I 
2 
3 

4 

5 
6 

7 
8 

9 
io, 



QUERIES. 

What are the parts of a bill? 

Write a bill forbidding the smoking of cigarettes. 

Offer an amendment to this bill. 

What difference between a bill and a law? 

What steps in the passage of a bill? 

In what ways may a bill be defeated? 

How does the President approve a bill? 

How express his disapproval? 78. 

Write, as President, your approval of the bill mentioned in (2). 

Veto the bill in (2). 



POWERS AND DUTIES OF CONGRESS. 

I. AS TO REVENUES. 



i. Sources of. 



1. Taxes, duties, imposts, excises. 26. 

2. Borrow money. 27. 

3. Sale of lands. 78. 

4. Sale of other property. 
1. To pay debts of the United States. 26. 

2. Uses of. \ 2. To provide for common defence. 

3. To promote public welfare. 

QUERIES. 

1. Why should people pay taxes? 94, 101. 

2. What difference between a direct and an indirect tax? Give 

examples. 

3. What part of the time of Congress is taken up in raising and 

spending money? 143. 

4. In what ways can Congress borrow money? 147. 

5. Where and how does the government get its title to lands? 

6. What is a tariff? Where collected? 99. 

7. Why not raise all taxes on real estate or land? On personal 

property? On large incomes? 

8. What is a poll tax? A license tax? Internal revenue? 



APPENDIX D. 187 

9. For what ought the public money to be expended? 145. 

10. What principles should govern a legislative body in raising 

taxes? 

1 1. Should the government lend money to its citizens? 208, 212. 

II. AS TO TRADE. 

1. Domestic. 28. 
Kinds of Traffic, -j 2. Foreign. 

3. With Indians. 

1. Coining money. 30. 

2. Regulating value of money. 

2. Means of Traffic, ~{ 3- Fixing standard weights, etc. 30. 

4. Regulating bankruptcies. 29. 

5. Establishing post-offices. 32. 

1. Punishing counterfeiting. 31. 

2. Punishing piracy and felony. 35. 

3. Protecting inventors, etc. 33. 



Hinderances re- 
moved by 



QUERIES. 



What is the purpose of trade? Who is benefited? 237. 

Is all profitable trade justifiable? Illustrate. 

What usually controls the price of an article? 252. 

Do not tariffs and other taxes raise the prices? Why allow this? 

Why limit the coining and valuation of money to the general 

government alone? Can you coin paper money? 
Why protect inventors? 303. 



III. AS TO WAR. 

Congress may declare. 

May grant letters of marque and reprisal. 

May regulate captures. 

May raise and support armies. Limitation. 

May provide and maintain a navy. 

May establish rules for army and navy. 

1. To execute the laws. 
May call out militia, -j 2. To suppress insurrections. 

3. To repel invasions. 



i88 



INDIANA AND THE NATION. 



I 
2 

3 
4 

5 

6 

7 
8 

9 
io 



I. Organization. 

May regulate militia J 2 - Equipment, 
as to | 3. Discipline. 

4. Government. 

QUERIES. 

Why do wars occur? 257, 262, 297, 309. 

How best prevented? 

What are marque and reprisal? 

What is it to declare war? 

Why by Congress? 

Who are the militia? 

Why have militia? 

What trouble did President Lincoln meet about the militia? 

Why not keep a large standing army? 

Should all able-bodied male citizens receive military training? 

IV. AS TO COURTS AND PENALTIES. 



i. Courts. «< 



2. Penalties for 



Congress may constitute inferior tribunals. 34. 
May define and punish international offences. 35. 
May fix place of certain trials. 70. 
May restrict jurisdiction. 69. 

1. Crimes on the seas. 35. 

2. Offences against laws of nations. 

3. Counterfeiting. 31. 

4. Treason, with limitations. 72. 

5. Violations of laws of special territory. 70. 

QUERIES. 

What is the chief court of the United States? 

Which are three of the subordinate courts? 

What are international offences? 

Why should Congress fix a place of trial? 

Why have other than State courts ? 

Why have other than the supreme national court? 

How many circuit courts? How constituted? Territory? 



APPENDIX D. 



I89 



8 

9 
10 
II 
II 
13 
H 



Is it better to punish wrong-doing or to prevent it? 

How can courts become instruments of wrong? 89. 

What is treason? How defined fully? 

What is the purpose of punishment? 264. 

What is an indeterminate sentence? Is it wise? 

How can schools make a smaller number of courts necessary? 

What are international rights? 303. 



1. As to States. ■< 



2. 



As to Terri- 
tory and 
Property. 



V. AS TO STATES AND SPECIAL TERRITORY. 

i. Congress may regulate elections of its own mem- 
bers. 15. 

2. It may determine certain things as to electors. 

57. 

3. State imposts may be restricted. 53. 

4. Proof of State records prescribed. 73. 

5. Effect of proofs fixed how? 

1. Exclusive legislation for seat of government. 42. 

2. Authority over purchased territory. 

3. May admit new States conditionally. 77. 

4. May dispose of territory, etc. 



QUERIES. 

1. Why should not Congress regulate all elections? 

2. Who are electors? 

3. What difference between a discretionary power and a manda- 

tory one? 

4. Can a state prevent the election of Congressmen? 

5. What is a state impost? Of what value? 

6. Why state what constitutes proof? 

7. What is "eminent domain?" Upon what principle does it 

rest? 196. What rights imply? 

8. How does any man acquire property in land? Upon what do 

all deeds rest? Why? 197. 

9. Why should Congress control the seat of government? 

10. Who makes laws for all territory not a part of a State? Why? 



1 90 INDIANA AND THE NATION. 



MISCELLANEOUS POWERS, ETC. 

!How often? 16. 
When? 
How changed? 

2. Naturalization. Must be uniform. 29. 

c Purpose. 33. 

3. Patents and copyrights, -j Secure what? 

( For whose benefit? 

4. Making of general laws. 43. 

5. The slave trade. j Rec °g nized - 44- 

( Abolished. 98. 

6. Legislation as to executive vacancy, sg. 

c 1. 61. 

7. Inferior appointments. -] 2. 

< 3. 

C 1. By Congress. 80. 

8. Propose constitutional amendments. ) 2. By convention. 

( 3. Limitation. 

QUERIES. 

1. Why must Congress meet yearly? How long can it remain in 

session? Where must it meet? 

2. Can one house prevent the assembling of Congress? 

3. What is the purpose of naturalization? Should immigration be 

restricted? 313. 
What is a patent? A copyright? How secured? What is 

an international copyright? Do you favor these? 182. 
Was the slave trade ever directly legalized by the Constitution? 

Why abolish it? Its history. 
Why not limit law - making power to particular subjects or 

objects? 
Can Congress alter or amend the Constitution? Why provide 

for amendments? 
Is there any part of the Constitution which cannot be amended? 



APPENDIX D. 



IQI 



I. 

2. 

3. 
4- 

5- 

6. 



Restrictions. 



9. What is the constitutional definition of an inferior officer? 
What danger in controlling his appointment? 109, no. 
io* What is the civil service law? Its purpose? Its value? 108. 

OFFICE-HOLDERS. 

1. Upon Congressmen. 22. 

2. Upon office-holders. 

3. As to presidential electors. 56. 

4. As to disloyal persons. 102. 

5. As to favors from foreign powers. 51 

1. Of senators. 8. 

2. Of representatives. 3. 

3. Of the President. 55. 

4. Of the Supreme Court. 67. 

5. Of the Cabinet. 
Amount. 21. 
From what paid? 

1. Extent of judgment in. 66. 

2. Any further liability. 

3. Who are liable to? 

4. On what ground? 70. 



2. Term of Office. 



Salaries. 



4. Impeachment. 



\i 



QUERIES. 

Why require public officers to be loyal? 



138. 



Why not allow a Congressman to hold another office? Why 

restrict presidential electors? 159. 
Who are office-seekers? Is it wrong to seek office? no. 
Who are politicians? What are "rings?" Caucuses? 
Why not let every office-holder remain during life or good 

behavior? 1 1 1, 162. 
How did the term "rotation in office" arise? 113. What is 

meant by the expression, "To the victors belong the spoils?" 

What idea underlies this? 
How large should salaries be? What obligations do salaries 

imply? 
Why provide for impeachment? On what grounds? 
Why limit the punishment? 



192 



INDIANA AND THE NATION. 



To restrict slave trade 



•U: 



THE UNITED STATES ARE FORBIDDEN 

Limitations. 44. 
When abolished? 98. 
To suspend habeas corpus — (Exceptions?) 45. 

( 1. Bill of attainder. 46. 
To make such laws as ■] 2. Attainder of treason. 72. 

( 3. Ex post facto law. 46. 
To lay direct tax (unless?) 47. 

On domestic exports. 48. 
2. On interstate commerce. 49. 
To give preference in trading to any State. 

1. For armies beyond two years. 37. 

2. Without appropriation. 50. 

3. Without published statements. 

4. For rebellion, etc. 

1. Territorial claims. 81. 

2. Contracts. 

3. Public debt. 103. 
5i. 



U: 



To levy duties 



To pay public money 



To repudiate 

To grant title of nobility. 



10. To prohibit freedom. 



Religious. 



2. Civil. 



Tests. 83. 
Kind. 85. 
Exercise. 
Speech. 85. 
Press. 85. 
Public assembly. 
Petition. 
Bearing arms. 86. 



QUERIES. 

1. What is the " habeas corpus" f Why so important? Why sus- 

pended? 

2. Define a writ. An attorney. A court. Bail. 90,91. 

3. Give the correct basis and principle of taxation. 94, 98, 101. 

4. What are duties? For what purposes levied? Why restricted? 

153. 

5. What principles should govern in expending public money? 



APPENDIX D. 



193 



6. Should it be spent for internal improvements? Without limit? 

7. Why limit war appropriations to two years? 

8. What is repudiation? Why forbidden? Is repudiation not 

recognized as right in bankrupt laws? 

9. What objection to titles of nobility? Principle? 

10. Reasons for civil and religious freedom? Are freedom and 
license identical? 



THE STATES ARE FORBIDDEN. 



i. In interstate relations. 

2. In commercial matters. < 

3. To grant title of nobility. 

4. In penalties. 

5. In war. 

6. To permit slavery. 98. 



1. To make alliances, etc. 52. 

2. To lay duties, except? 53. 

3. To enter compacts, unless? 54. 

1. To coin money. 52. 

2. To emit bills of credit. 

3. To make legal tender, unless? 

4. To impair contracts. 52. 
52. 

1. To pass bill of attainder. 52. 

2. To pass ex post facto law. 

1. To engage, unless? 54. 

2. To keep troops, etc. 

3. To make reprisals, etc. 52. 



QUERIES. 

1. What is the supreme law of the land? Why? 

2. Do all officers swear or affirm to support the Constitution of 

the United States? What else in an officer's oath? 

3. Why restrict the States as to treaties? What was yEsop's fable 

as to the bundle of sticks? 61. 

4. Can you tell anything about "wild-cat" banks? 

5. Origin of money? Of coin? Of paper currency? 199. 

6. Can the government cheat in making money? Are greenbacks 

money? Or bonds? 200, 202. 

7. What is a contract? Why forbid a State to impair it? 

8. What is an ex post facto law? Illustrate. Why objectionable? 
J 3 



194 



INDIANA AND THE NATION. 



g. Does not the State militia form part of the State troops? 
io. Are laws made for the rulers only? For the rich only? 
the poor only? 298, 299, 134, 47. 

THE STATES ARE SUBORDINATE. 

( i. Of State legislators. 



For 



In official oaths. 



2. In supreme authority. 



3 . la State obligations. 



1. 



4. 

6. 

7. 



83. 

Of State executives. 

Of State judicial officers. 

To United States Constitution. 82. 

To United States laws. 

To United States treaties. 

To United States judiciary. 82. 

To constitutional amendments. 80. 

To Constitution itself. 84. 



QUERIES. 

What differences between the Confederation of 1776 and the 
Republic created by the Constitution of 1787? 

What difference between an oath and an affirmation? Who are 
permitted to affirm? 

What is perjury? Does a man commit perjury in court if he 
tells only part of the truth? 

Do laws make men good? Can you establish morality or tem- 
perance by law? 281, 291. 

What is interstate commerce? Why not left to the States? 

What was the "original-package" discussion? 

What was the decision of the Supreme Court on this question ? 



1, To representation 



2. In elections. 



3. With militia 



RIGHTS OF THE STATES. 

i. In the House. Basis. 5. 
2. In the Senate. Basis. 8, 9. 

1. Time. 15 

2. Place. 

3. Manner. 

1. To appoint officers. 41. 

2. To train by United States Manual. 



APPENDIX D. I95 

4. In interstate relations. 73. 

r 1. Immunities and privileges. 74. 

5. As to citizenship. -I 2. Of States and the United States. 100. 

( 3. Equal protection. 100. 

„ , . ^ \ 1. By dismemberment. 77. 

6. Making new States, ? - ,/ . 

( 2. By junction. 

A x ... ( 1. Not protected. 75. 

7. As to fugitives. ^ XT \ t . , /J 

( 2. Not delivered. 76. 

( 1. Of republican form. 79. 

8. A guarantee. •] 2. Of protection from invasion. 

( 3. Against insurrection, etc. 79. 

^ ( 1. Of rights not enumerated. 03. 

9. Reservation. ] , 

( 2. Of rights not delegated. 94. 

QUERIES. 

1. On what principle is representation based? Are women repre- 

sented in governing bodies? Why? 

2. Why should the States have control over certain things in the 

election of national officers? In the militia? 

3. Does the United States Constitution define and fix citizenship? 

Why? 

4. Why limit Congress in making new States? 

5. What moral principle involved? 

6. What is meant by a "republican form of government ?" 

7. On what principle is national protection based? 

8. What is reserved to the States? Why? 

9. Can an amendment be adopted contrary to the wish of any 

State? On what ground? 18, 12. 

RIGHTS OF INDIVIDUALS. 

i. As to arrest. 21. 



Of Senators and Representatives. 

2. As to freedom of speech. 

1. Shall consist of? 71 - 



2. Conviction only by? 71. 

As to his house. \ u In P eace - 8 7' 
(2. Im 



1 war. 



196 



INDIANA AND THE NATION. 



4. Security, 



5. In criminal prosecutions. 



1. 

2. 
3- 
4. 
5- 
6. 

7. 
8. 

9- 
10. 
11. 
12. 



6. In civil actions. 



7. In the courts. ^ 



In what? 88. 
Against what? 
Illegal warrants. 

1. Kind of trial. 90,91. 

2. When tried? 

3. Where tried? 

4. Accusation. 89. 

5. Witnesses must confront. 

6. May have counsel. 

7. Reasonable bail. 92. 

8. No excessive fines. 

9. No cruel or unusual punishments. 

1. Jury trial, when? 89. 

2. Second trial. 

1. Privileges. 89. 

2. Indictment. 

3. Twice for same offence. 

4. Self-accusation. 89. 

5. Due legal process. 100. 

6. Compensation for property taken. 

7. Equal protection. 

QUERIES. 

What is an individual? Natural right? Legal right? 

What distinction between freedom and license? 

Were the Anarchists of Chicago arrested for free speech? 

What is meant by "A man's home is his castle? " 

What is a warrant? Why must it be specific, not general? 

What idea underlies trial by jury? What is a grand jury? A 
petit jury? 

Why have witnesses face the accused? 

What is counsel? Is it provided by the State? 

What is an indictment? Does it prove guilt? 

What is the first object of government? 

Is the public school a protection to the State? How? 

How can the principles underlying these provisions of the Con- 
stitution be taught in the school? 



INDEX 



Administrative departments, 42. 

Agricultural and Industrial Board, 45. 

Analysis of United States Constitution, 
177. 

Amendments to State Constitution, 105. 
To United States Constitution, 167, 
169. 

Appellate Court, 69. 

Appendices, no. 

Appointments, by Governor, 44, 94. 
By Township Trustees, 55. 

Apportionment, 30. 

Appropriations, 87. 

Assessor, of County, 51. Of Town- 
ships, 55. 

Attorney General, 44. 

Auditor, of County, 49. Of State, 43. 

Banks, 90. 

Battle Ground, Tippecanoe, 103. 

Bill of Rights, 16, 115. Purpose of, 18. 

Boundaries, 99. 

Capital, State, 13, 14. 

Charitable Institutions, 83. 

Charities, State Board of, 46. 

Circuit Courts, 70. 

Cities, classification of, 59. Officers, 58, 
59, 60, 61. 

City government, 58. Problem of, 61. 

Clarke, George Rogers, 12. 

Clerk, of Circuit Court, 49. Of City, 
59. Of Supreme Court, 69. Of 
Town, 57. 

Commissioners, County, 51. Of Pub- 
lic Printing, 47. Of Taxes, 46. 

Constables, 74. 

Constitution of Indiana, 115. Purpose 
of, 16. Of United States, 153. 



Coroner, 50. (See also Sheriff). 

Corporations, 90. 

Counties, size of, 146. 

County Officers, 49. Qualifications of, 

53- 
County Superintendent, 52. 
Courtb. (See Judicial Department) 
Criminal Courts, 72. 
Debts, 87, 97, 167, 173. 
Decisions of Supreme Court, 68. 
Directors, Boards of, 44. School, 55. 
Distribution of Powers, 26. 
Districts, judicial, 68. School, 55. 
Education, 78. County Board of, 80. 

State Board of, 46. 
Educational Institutions, 80. 
Elections , general , manner of , 22. Time 

of, 22. City, 61. Town, 58. 
Feeble-minded Youth, 83. 
Finance, 87. 

Fisheries, Commissioner of, 44. 
General Assembly, composition of, 28. 

Prohibitions upon, 32. Sessions, 30. 
Geologist, State, 43. 
Governor, 37. 
Governor's Circle. (See Monument 

Park). 
Grounds, State House, 103. 
Health, Boards of, 45, 51, 59, 60. 
Historical Introduction, n. 
Holding over of officers, 102. 
House of Representatives, of State, 29. 

Of U. S., 153. 
Impeachments, 29, 56, 154, 155, 164. 
Indebtedness of Corporations, 97. Of 

the State, 87. 
Indiana, Historical Sketch, n. 

97 



198 



INDIANA AND THE NATION. 



Judges. (See Judicial Department). 
Judicial Department, of cities, 59. Of 

State, 68. Of the United States, 164. 
Juries, 72. 
Jurisdiction, of Courts. (See Judicial 

Department). Of the State, 100. Of 

the United States Courts, 164. 
Justice of the Peace, 72. 
Juvenile offenders, 83. 
Law-making, 31. 
Legislative Department, of cities, 58. 

Of the State, 28. Of towns, 57. Of 

the United States, 153. 
Legislature, sessions of, 30. 
Librarian, State, 44. 
Lieutenant-Governor, 37, 38. 
Lotteries, 103. 
Mayor, 59, 60. 
Militia, 94. 

Monument Place, 103. 
Negros and Mulattos, 152. 
Northwest Territory. (See Ordinance 

of 1787). 
Oath, 102, 167. 

Office, disqualifications for, 22. 
Ordinance of 1784, 13. Of 1787, 13. 
Penal Institutions, 84. 
Police Commissioners, metropolitan, 60. 
Powers of Congress, 158. 
Preamble, to Constitution of State, 16, 

115. Of United States, 153. 
Printing, public, Commissioners of, 47. 
Privileges, 33 
Prohibitions, on General Assembly, 33. 

On States, 160. On Congress, 159. 
Public Buildings, Custodian of, 44. 
Public debt of U. S., Validity of, 173. 
Qualifications of Representatives, State, 

29. United States, 153. Of Senators, 

State, 29. United States, 155. 
Recorder, County, 50. 



Reference books, 11, 177. 

Reform Schools. (See Juvenile Offend- 
ers). 

Removals from Office, by Governor, 45. 
By impeachment, 56, 164. 

Representatives, how chosen, for State, 
29. For the United States, 153. 

Revenue, State, application of, 87. 

Salaries, of State officers, 113. 

Seal, of the State, 102. 

School fund, 78. 

School officers, 79. 

School system, 79. 

Schedule, 108. 

Secretary of State, 42. 

Senate, of the State, 28. Of the Umited 
States, 154. 

Sheriff, of County, 50. Of Supreme 
Court, 69. 

Slavery, forbidden, 18, 119, 172. 

Statistician, State, 43. 

State Boards, 45. 

State Superintendent of Public Instruc- 
tion, 43. 

State officers, 42. 

Suffrage, Purpose of, 21. Qualifica- 
tions for, 21. 

Suggestions to the Teacher, v. 

Superior Courts, 71. 

Supreme Court, 68. 

Surveyor, 51. 

Tax Commissioners, 46. 

Taxes, 49, 50, 55, 87. 

Tippecanoe Battle Ground, 103. 

Towns, government of, 57. Incorpora- 
tion, 56. Officers, 57. Organization, 

57- 
Treasurer, County, 50. State, 43. 
Trustees, of $tate Institutions, 44. Of 

Towns, 57. Of Townships, 54. 
Vacancies, 38, 56. 



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